Microsoft May Try to Take i4i Infringement Case to the U.S. Supreme Court
May 11, 2010 2:31 PM
comment(s) - last by
Currently Microsoft owes i4i $300M USD in damages for infringement of its Custom XML patented technology. Microsoft used Custom XML in the best-selling Office 2003 Suite. Microsoft may appeal to the Supreme Court.
Microsoft is unwilling to pay its big infringement fine
Microsoft has tried and tried to beat Toronto, Canada-based software company i4i in U.S. Federal Court, but has been handed a long string of defeats. In May 2009 it lost a patent infringement case to i4i and was ordered to pay
$200M USD in damages
. Then in December 2009 it
lost its appeal
to the U.S. Federal Circuit Court of Appeals, resulting in an increased judgment of $300M USD in damages, including $40M USD tacked on for "willful" infringement.
lost yet again
, as the U.S. Patent and Trademark Office rejected Microsoft plea that the patent used in the case be reexamined. Microsoft is left with two options -- pay the big fine or try to continue its climb up the legal ladder to the only remaining rung -- the U.S. Supreme Court. That may be what it decides to do, its lawyers indicate.
Microsoft's Director of Public Affairs Kevin Kutz responded to the defeat of the USPTO request for reexamination,
, "We are disappointed, but there still remain important matters of patent law at stake, and we are considering our options to get them addressed, including a petition to the Supreme Court."
I4i has made it clear that it claims
no ill intentions towards Microsoft
. It claims it merely wants to be rewarded for the Custom XML scheme that cost it millions to develop, which Microsoft liberally borrowed from and used in its best-selling Office 2003 Suite. For the small company a reward would mean it could continue its format development work, while a defeat could spell financial ruin for the business who took a gamble on the massive legal fees required to carry out a litigation campaign against Microsoft.
The company writes in a
, "i4i’s ‘449 patented invention infuses life into the use of Extensible Mark Up Language (XML) and dramatically enhances the ability to structure what was previously unstructured data. As the magnitude of data grows exponentially, this is a critical technological bridge to controlling and managing this sprawling octopus of data and converting it into useful information."
This core element of the case -- Custom XML -- is a scheme for storing and displaying rich information. Microsoft used Custom XML in Office 2003, but did not pay i4i licensing fees, according to the plaintiff's claims. Microsoft disputes this, but has since removed Custom XML from its Office products via a patch to escape a court order
forcing it to cease sales
Office 2010 beta/RTM builds
use Custom XML, as well. Custom XML should not be confused with the similarly named Open XML, which is unrelated to the case.
This article is over a month old, voting and posting comments is disabled
RE: As they should
5/11/2010 10:06:37 PM
Reading through the patent there is no mention of XML (probably based off of SGML) which makes sense because XML wasn't invented till 1996. But the gist of the patent is interpreting type setting based off of meta data opening and closing tags. Only twist is saving those tags start and stop locations in memory to easily provide different views of the data.
If so it sounds like LaTeX to me (
) which has been around since the '80s (based off of TeX, written by CompSci legend Donald Knuth)
Also, if this patent stands the the CSS standard would also be in violation.
"We’re Apple. We don’t wear suits. We don’t even own suits." -- Apple CEO Steve Jobs
Microsoft Office 2010 Hits RTM
April 19, 2010, 9:21 AM
Microsoft Loses i4i Appeal, eBay Prevails Against Tiffany & Co.
April 2, 2010, 9:54 AM
I4I Says It's "Not Out to Destroy" Microsoft Word With Sales Ban
August 13, 2009, 10:16 AM
Texas Judge Bans Microsoft From Selling Word in the U.S.
August 12, 2009, 8:10 AM
Microsoft Fined $200M USD for Violating Open Source Patent
May 21, 2009, 2:52 PM
WhatsUp with WhatsApp?
August 29, 2016, 5:23 AM
Fuchsia – Google’s New Open Source Operating System
August 17, 2016, 6:30 AM
Windows 10: End of an Era & A New Beginning
August 1, 2016, 9:59 AM
Free Windows 10 offer ends July 29th, 2016: 10 Reasons to Upgrade Immediately
July 22, 2016, 9:19 PM
Quick Note: Whoops, Microsoft Pushed Unwanted Windows 10 to Some Users
October 15, 2015, 9:04 PM
Quick Note: Windows 10 Insider Preview Build 10565 Fixes Boot Camp 6.0 Issues
October 13, 2015, 11:39 AM
Most Popular Articles
5 Cases for iPhone 7 and 7 iPhone Plus
September 18, 2016, 10:08 AM
Laptop or Tablet - Which Do You Prefer?
September 20, 2016, 6:32 AM
Update: Samsung Exchange Program Now in Progress
September 20, 2016, 5:30 AM
Smartphone Screen Protectors – What To Look For
September 21, 2016, 9:33 AM
Walmart may get "Robot Shopping Carts?"
September 17, 2016, 6:01 AM
Latest Blog Posts
Who is in Risk of Getting Oral Cancer?
Sep 23, 2016, 6:02 AM
France Bans Plastic Eating Utensils in Restaurants
Sep 18, 2016, 10:49 AM
Progress Against Acute Myeloid Leukemia
Sep 17, 2016, 5:30 AM
Apple Watch Series 2 - Number 1 in the Customer Satisfaction.
Sep 7, 2016, 6:19 PM
First Self-Driving Car debut on the streets of Singapore
Aug 28, 2016, 4:10 PM
More Blog Posts
Copyright 2016 DailyTech LLC. -
Terms, Conditions & Privacy Information