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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 12:58:07 PM , Rating: 3
Microsoft isn't the victim here.

You're right, at least, Microsoft isn't the only victim: anyone who uses XML (or anything resembling XML) to separate content from structure is. It web developers and anyone who has developed database driven applications is a victim as well.

The patent is overly broad and should not have been granted.

RE: Interesting...
By Guspaz on 8/20/2009 1:19:21 PM , Rating: 3
Microsoft knew about the patent in advance. If they thought it was overly broad and should not have been granted, they were obligated to challenge the patent BEFORE infringing upon it.

They willfully chose not to do so, which seems to be what torpedoed their case.

Is the patent really overly broad, though? This post seems to indicate that they're not quite as broad as you imply.

RE: Interesting...
By omnicronx on 8/20/09, Rating: -1
RE: Interesting...
By deegee on 8/21/2009 1:56:04 AM , Rating: 2
I've been reading a number of the articles on this case.
It would appear that MS did actually nick i4i's tech and infringe on their patent knowingly, so they are getting what they deserve legally.
However, imho i4i's patent is really stretching the boundaries of what is or should be "patent-able".
To me this just looks like MS challenging the patent by flexing its muscles and crying fowl after-the-fact instead of doing it quietly and legally before-hand like they should have, but this does give them extra free press.
What I hope happens is that MS ponies up the fines, learns themselves the hard way that most software patents shouldn't be allowed (doubtful tho'), and that the patent is finally removed.

"We basically took a look at this situation and said, this is bullshit." -- Newegg Chief Legal Officer Lee Cheng's take on patent troll Soverain

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