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Company also says that the ban will cause it "irreparable" harm

I4i's victory in its patent infringement case against Microsoft was a slap in the face for the Redmond juggernaut.  Not only did a judge order $290M USD in damages be awarded to i4i for Microsoft's violation of its XML patents, but it also ordered Microsoft to stop selling Word, in its current form, until a final verdict is reached.  Word currently uses the Office Open XML (OOXML) format, which infringes on i4i's patent.

As the days roll by and Microsoft's 60-day compliance windows closes, the company is pleading with courts to lift the injunction.  It says that if the injunction is not lifted it will likely be forced to stop selling Microsoft Office for several months. 

Writes Microsoft's defense team, "Microsoft and its distributors face the imminent possibility of a massive disruption in their sales. If left undisturbed, the district court’s injunction will inflict irreparable harm on Microsoft by potentially keeping the centerpiece of its product line out of the market for months. The injunction would block not only the distribution of Word, but also of the entire Office suite, which contains Word and other popular programs."

Some are puzzled, though, as to why Microsoft would stop selling Office, rather than simply changes it file format and distinguishing between the current and XML-less editions.  States Barry Negrin, a partner with the New York firm Pryor Cashman LLP who has practiced patent and trademark law for 17 years, "All Microsoft has to do is disable the custom XML feature, which should be pretty easy to do, then give that a different SKU number from what’s been sold so it’s easy to distinguish the two versions."

In the unlikely event that Microsoft does indeed carry through on its claim to stop selling Office, it could prove a headache for consumers and businesses, who rely on the software's functionality.  However, light-weight alternatives such as Open Office 3 (which nears Office 2007 in functionality) and Google Docs could get a brief boost if Microsoft Office disappeared for several months -- a prospect that has some excited.



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RE: Interesting...
By HinderedHindsight on 8/20/2009 12:40:39 PM , Rating: 1
Most astute of you to point out; the Office is a huge suite of software, and Word is an integral piece which has what could be thousands of pieces of interoperability within the suite itself, let alone third party products which might depend on the XML format in order to function.

The likelihood is they'll have to re-engineer the integrated components of the other Office suite products to ensure compatibility. While this lawsuit might center around Word, it does't affect just Word, as the business world will find out.

If I were Microsoft, I might start electing to cease selling other products since I'm being forced to stop selling Word/Office. But in this case, it would be a full embargo of all my products to companies named and formed from i4i.

I might also investigate my EULA to see if I could revoke any licenses already issued to said companies. If Microsoft's lawyers didn't find a way to implement this as a part of the EULA, then they're not doing their f*ing jobs.

(note, most of the preceding is a joke, not intended for serious consumption- if you can't take the joke, don't respond)


"If they're going to pirate somebody, we want it to be us rather than somebody else." -- Microsoft Business Group President Jeff Raikes














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