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Judge bans sales of Microsoft Word in US

Gavel

By Stuart Turton

Posted on 12 Aug 2009 at 11:01

Microsoft has been ordered to stop selling Microsoft Word in the US, after finding itself on the wrong end of patent infringement suit.

The US District Court for the Eastern District of Texas sided with technology company i4i, which alleged that Microsoft had wilfully infringed a patent relating to the creation of custom XML documents.

The software giant has been ordered to stop selling Microsoft Word - the cornerstone of its Office suite - in its current form within 60 days.

There's also a fair amount of cash involved. Microsoft must pay $40 million for the initial infringement, $37 million in prejudgment interest, including an additional $21,102 per day until a final judgement is reached in the case. The court also ordered Microsoft to pay $144,060 per day until the date of final judgement for post-verdict damages.

Microsoft won't risk Word, it is a pillar product, and has plenty of cash to either litigate or license

We're still awaiting Microsoft's comments on the verdict, though reports suggest it is planning an appeal. However, analysts suggests the move is unlikely to have any major impact on the software maker.

"Appeals and other legal wrangling will likely eliminate any short term impact and long term they can simply remove the feature from future versions of Windows," says Rob Enderle, principal analyst with the Enderle Group. "The vast majority of Word users probably don't even know what this feature is."

However, Enderle suggests it could prove bad news for other office suites: "It is certainly possible that either Google Docs or Open Office could be hit next by them. i4i don't want people to use anything but its product for this and if it gets a lot of money from Microsoft it's likely to use it to go after anyone else it thinks is infringing," adds Enderle.

"Microsoft won't risk Word, it is a pillar product, and has plenty of cash to either litigate or license (and may end up doing a bit more of the former to drive down the cost of the latter)," he finishes.

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User comments

Oh FFS

why on earth was something like that even granted a patent in he first place? It's hardly groundbreaking.

By The_Scrote on 12 Aug 2009

They've essentially patented a Design Pattern as expect people to pay them every time it's implemented.

By peterm2k on 12 Aug 2009

I would be amazed if this patent dispute isn't simply overturned. It doesn't make sense and I'm sure (without looking) there are past precedents where this kind of infringement has been simply thrown out on appeal.

By skarlock on 12 Aug 2009

If I remember correctly, BT owned the patent on "hyperlinks" but eventually gave up any hope of getting any money from every web site on the planet so common sense prevailed.

By orfordi on 12 Aug 2009

My feelings are divided between scadenfreude (considering Microsoft's patent trolling activities, there is an element of poetic justice to this), and concern that this is a validation of the concept of software patents (just when it seemed that the tide had turned against them).

By robhogg on 12 Aug 2009

When was this patent granted? I wrote a macro to do this in 2002 and it's available from my site under an open-source license. Am I breaking the law?

By c6ten on 12 Aug 2009

"Am I breaking the law?" I've read more stuff on this case now (the above article is hardly informative) and the answer is "no".

Now why can't you delete comments on this site anymore?

By c6ten on 12 Aug 2009

PCWorld has an article that includes a link to the patent itself - see http://www.pcworld.com/businesscenter/article/1700
76/5_reasons_word_will_weather_the_patent_challeng
e.html

Contrary to initial impressions - mine and others - the company is not patenting XML and in fact the resulting document is NOT in XML format. Rather it's pure text and the tags separate and mapped to the content by a straight displacement.
The complaint does not explain exactly what MS does that is wrong. Well, I couldn't see it if it did.
What the patent does appear to do is simply patent an algorithm.

By AdrianB on 13 Aug 2009

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