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.
"If you can find a PS3 anywhere in North America that's been on shelves for more than five minutes, I'll give you 1,200 bucks for it." -- SCEA President Jack Tretton
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
Windows 10 Adds USB 3.1 for Dual-Role Peripherals, External Display Support
February 27, 2015, 11:39 AM
Quick Note: Apple Opens Up iOS 8.3 Beta 2 to Developers
February 25, 2015, 6:00 PM
StarDock Unveils Start10 Start Menu Replacement for Windows 10
February 25, 2015, 11:24 AM
Report: Microsoft Plans to Double Windows XP Support Costs to Punish Holdouts
February 18, 2015, 8:38 PM
Quick Note: Office 2016 Preview for Windows 10 is Available
February 9, 2015, 9:39 AM
"World's Smallest Chess Code" is a Cheating Novice (But Still Kind of Lovable)
January 28, 2015, 2:24 PM
Most Popular Articles
Amid Tight Race w/ Evernote, Microsoft's OneNote Goes (Even More) Free, Adds Fresh Features
February 23, 2015, 11:15 AM
Google Steps up Snub of Adobe Flash, Auto-Converting Flash Ads to HTML5
February 25, 2015, 6:16 PM
Modern Glass (Windows 7 Aero Glass + Modern UI) Style is Coming to Windows 10
February 19, 2015, 1:05 PM
NVIDIA Bows to Outraged Overclockers, Will Restore Feature in Upcoming Driver
February 23, 2015, 12:30 PM
HTC's Sense UI is Garbage: A Tale of Disappearing Keyboards and Desperate Fixes
February 24, 2015, 11:00 AM
Latest Blog Posts
Sceptre Airs 27", 120 Hz. 1080p Monitor/HDTV w/ 5 ms Response Time for $220
Dec 3, 2014, 10:32 PM
Costco Gives Employees Thanksgiving Off; Wal-Mart Leads "Black Thursday" Charge
Oct 29, 2014, 9:57 PM
"Bear Selfies" Fad Could Turn Deadly, Warn Nevada Wildlife Officials
Oct 28, 2014, 12:00 PM
The Surface Mini That Was Never Released Gets "Hands On" Treatment
Sep 26, 2014, 8:22 AM
ISIS Imposes Ban on Teaching Evolution in Iraq
Sep 17, 2014, 5:22 PM
More Blog Posts
Copyright 2015 DailyTech LLC. -
Terms, Conditions & Privacy Information