Close
  • Latest News
  • Artificial Intelligence
  • Video
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
Read Down
Sign in
Close
Welcome!Log into your account
Forgot your password?
Read Down
Password recovery
Recover your password
Close
Search
Logo
Subscribe
Logo
  • Latest News
  • Artificial Intelligence
  • Video
  • Big Data and Analytics
  • Cloud
  • Networking
  • Cybersecurity
  • Applications
  • IT Management
  • Storage
  • Sponsored
  • Mobile
  • Small Business
  • Development
  • Database
  • Servers
  • Android
  • Apple
  • Innovation
  • Blogs
  • PC Hardware
  • Reviews
  • Search Engines
  • Virtualization
More
    Subscribe
    Home Applications
    • Applications
    • PC Hardware
    • Servers

    Microsoft Hit Again by i4i in Word Patent-Infringement Case

    Written by

    Nicholas Kolakowski
    Published September 9, 2009
    Share
    Facebook
    Twitter
    Linkedin

      eWEEK content and product recommendations are editorially independent. We may make money when you click on links to our partners. Learn More.

      Microsoft finds itself embroiled in yet another round of the patent-infringement case leveled against it by Canadian company i4i, which submitted a responding brief on Sept. 8 rebutting Microsoft’s recent appeal.

      In a statement following filing of the responding brief in the U.S. Court of Appeals for the Federal Circuit, i4i chairman Loudon Owen said his company “refutes each and every one of the same weak defenses Microsoft repackaged from the trial and raised on appeal.”

      For an analysis of the meaning of “custom XML” in relation to the i4i-Microsoft patent dispute, click here.

      The original verdict, which ruled that Microsoft had violated an XML-related patent held by i4i, would have yanked copies of Microsoft Word, which allegedly incorporates the offending code, from store shelves by mid-October.

      However, on Sept. 3, the U.S. Court of Appeals for the Federal Circuit granted Microsoft’s request to keep selling Word during the case. In addition to requiring that copies of Word be pulled from store shelves, the verdict also ordered Microsoft to pay nearly $300 million in accumulated fines.

      Microsoft’s claim is that i4i failed to corroborate its creation date for the technology behind the patent. However, “Unlike in priority disputes, where requiring corroboration of an inventor’s testimony makes sense, there is no reason to require corroboration in all instances, and this court never required it,” i4i said in the Sept. 8 brief.

      Damages are another issue tackled in the brief, with i4i arguing that the survey that formed the basis of its damages claims was “designed, conducted and analyzed using accepted methodology, and its admissibility was beyond legitimate question.” The damages were enhanced, i4i argued further, because of Microsoft’s “litigation misconduct.”

      As the weeks have gone by, the case has attracted a good deal more attention than most patent-infringement suits submitted in East Texas, a district known for such legal actions. Small companies have a history of winning patent-infringement suits against larger companies there, although many such cases are also settled out of court.

      Two major companies in Microsoft’s ecosystem, Dell and Hewlett-Packard, both signaled their intention to file friend-of-the-court briefs in the case. Both risk widespread fiscal damage were Word sales to halt, an idea expounded by Microsoft’s legal counsel in an Aug. 18 emergency motion: “Even if Microsoft ultimately succeeds on appeal, it will never be able to recoup the funds expended in redesigning and redistributing Word, the sales lost during the period when Word and Office are barred from the market, and the diminished goodwill from Microsoft’s many retail and industrial customers.”

      However, i4i has previously indicated a public willingness to see the case to its courtroom conclusion: “Where we come from, if someone tries to take something that belongs to you, you stand up to them; you don’t just reach for the calculator,” Loudon Owen, chairman of i4i, said in an Aug. 17 interview with eWEEK. “We’re not in a position to guess or second-guess or speculate as to what the court is going to do.”

      Nicholas Kolakowski
      Nicholas Kolakowski
      Nicholas Kolakowski is a staff editor at eWEEK, covering Microsoft and other companies in the enterprise space, as well as evolving technology such as tablet PCs. His work has appeared in The Washington Post, Playboy, WebMD, AARP the Magazine, AutoWeek, Washington City Paper, Trader Monthly, and Private Air.

      Get the Free Newsletter!

      Subscribe to Daily Tech Insider for top news, trends & analysis

      Get the Free Newsletter!

      Subscribe to Daily Tech Insider for top news, trends & analysis

      MOST POPULAR ARTICLES

      Artificial Intelligence

      9 Best AI 3D Generators You Need...

      Sam Rinko - June 25, 2024 0
      AI 3D Generators are powerful tools for many different industries. Discover the best AI 3D Generators, and learn which is best for your specific use case.
      Read more
      Cloud

      RingCentral Expands Its Collaboration Platform

      Zeus Kerravala - November 22, 2023 0
      RingCentral adds AI-enabled contact center and hybrid event products to its suite of collaboration services.
      Read more
      Artificial Intelligence

      8 Best AI Data Analytics Software &...

      Aminu Abdullahi - January 18, 2024 0
      Learn the top AI data analytics software to use. Compare AI data analytics solutions & features to make the best choice for your business.
      Read more
      Latest News

      Zeus Kerravala on Networking: Multicloud, 5G, and...

      James Maguire - December 16, 2022 0
      I spoke with Zeus Kerravala, industry analyst at ZK Research, about the rapid changes in enterprise networking, as tech advances and digital transformation prompt...
      Read more
      Video

      Datadog President Amit Agarwal on Trends in...

      James Maguire - November 11, 2022 0
      I spoke with Amit Agarwal, President of Datadog, about infrastructure observability, from current trends to key challenges to the future of this rapidly growing...
      Read more
      Logo

      eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site’s focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

      Facebook
      Linkedin
      RSS
      Twitter
      Youtube

      Advertisers

      Advertise with TechnologyAdvice on eWeek and our other IT-focused platforms.

      Advertise with Us

      Menu

      • About eWeek
      • Subscribe to our Newsletter
      • Latest News

      Our Brands

      • Privacy Policy
      • Terms
      • About
      • Contact
      • Advertise
      • Sitemap
      • California – Do Not Sell My Information

      Property of TechnologyAdvice.
      © 2024 TechnologyAdvice. All Rights Reserved

      Advertiser Disclosure: Some of the products that appear on this site are from companies from which TechnologyAdvice receives compensation. This compensation may impact how and where products appear on this site including, for example, the order in which they appear. TechnologyAdvice does not include all companies or all types of products available in the marketplace.