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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 psychobriggsy on 8/21/2009 7:03:34 AM , Rating: 3
"The company that requested the injunction on Microsoft is a bunch of greedy scumbags, plain and simple (unless Microsoft belligerently abused a legit patent)."

From what I've read about it, it's a valid patent, it will expire in a few years (it was filed for a long time ago, it's not a fly-by-night patenting of something obvious), and the company has been using it to generate revenues in several products that it sells and has sold for many years.

So for Microsoft it comes down to "Irreparable Damage" vs. $300m.


RE: Interesting...
By Shadrack2 on 8/21/2009 8:28:16 AM , Rating: 2
Agreed. Actually, I believe MS would have to pay the $300M and negotiate a license for the technology. If they win an appeal they simply stop paying for that license. Seems it would be a far better approach than suffering "Irreparable Damage" or having to make changes to the product...and I would think MS would expect no less from a company that infringes on their own patents.


“So far we have not seen a single Android device that does not infringe on our patents." -- Microsoft General Counsel Brad Smith














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