Stop Selling MS Word in U.S.

This is what US District Judge Leonard Davis told Microsoft on 11th August 2008. In his two page judgment the judge says “Defendant Microsoft Corporation (“Microsoft”) is found to have unlawfully infringed U.S. Patent No. 5,787,449 (the “‘449 patent”). Defendant Microsoft is found to haveinfringed the ‘449 patent willfully.Damages, post verdict damages, enhanced damages is worth $277,241,092 and $21,102 per day thereafter until the date of this Final Judgment”. iei, the owner of U.S. Patent No. 5,787,449 is very happy about the out come.

This is a significant judgment having in mind the millions of users all over the world. This could affect Microsoft’s applications like word, excel and powerpoint. The fight is not over as there is another 60 days for Microsoft to appeal the judgment.

Microsoft is obviously unhappy about the judgment and wants to fight the case.
Microsoft spokesperson Kevin Kutz says that “the evidence clearly demonstrated that we do not infringe and that the i4i patent is invalid. We will appeal the verdict."XML is part of the open consortium. i4i in its patent petition says, “The invention does not use embedded metacoding to differentiate the content of the document but rather, the metacodes of the document are separated from the content and held in distinct storage in a structure called a metacode map,
whereas document content is held in a mapped content area”

If this order should be applied to other applications and parties who are using it, for sure this will have a wider range of application. So what about ODF? Though the open document format (ODF) and custom approach yield the same result, ODF method is different hence it is not affected by this judgment. The XML form came into existence primarily because of the monopoly the software companies had over the older binary file formats. They were their proprietary.

Amgen, Merck and Bayer use XML to drug label data. Interestingly US patent office also uses iei’s XML. Ironically microsoft got a patent through Patent # 7,571,169 for word processors who use XML format. The judgment affects
this patent.

Let us wait and watch the appeal for the final outcome. Industry players
feel that Microsoft may win the legal battle but time will answer for sure.