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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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By Sir Picto on 8/20/2009 7:47:37 PM , Rating: 2
It seems like Microsoft is seeking all the sympathy it can get over the case. While they knew they were infringing on the patent, the system itself is broken.

Do you fight and potentially lose? Cough up the money and quietly consent? Or do you kick and scream until the last second to make people feel sorry for you?

It feels a lot like when you go into the bank knowing your overdraft fee is valid, but making such a fuss they refund your money anyway. You get free food if you are that desperate with the same tactics in a restaurant.

It's a good excuse to create their own standard. They will probably pay the fine and licensing fees. Releasing another feature-stripped product is not the image they want to present when they have alternatives.

I wish Microsoft bought the company outright. Make them sign contracts as part of the agreement to stay with the company for say, five or ten years. When the red tape is over with, move those people to the basement and hand them a can of Raid.

I can picture Ballmer tossing his jacket into the back of his convertible with a self-satisfied grin.




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