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MS Patent Problem


Microsoft

By heimdal31, Section Diary
Posted on Thu Jul 14th, 2005 at 15:40:12 EST

I don't have time to write the article(s) I'd like with this information, but I provide a number of links to stories showing MS's patent infringements.  

If I had the time, I'd write the article arguing that software patents in their current form are stupid.  But if someone else wants to write the "MS is the worst IP offendor of them all" article, have at it.

I'd really like to see this diary become a place where we can collect all the different MS infringes stories.  It could make a great resource for articles we might write as well as for journalists with a larger group of eyes.

MS Excel violates Guatemalan man's patents - Amado was at Stanford and showed MS his technology to link MS Excel and Access.  MS turned him down but his technology later showed up in MS Office.  MS loses case June of 2005.  Appeal status unknown. Damages to MS $8.6M.

Microsoft IE violates Eolas' patents - The link is a 2003 article when MS first lost.  This is a prime example in my mind of the idiocy of the software patent system.  The Eolas' patent could be used to go after FireFox, Opera, Safari or just about any other browser than lynx.  It is basically a patent on active content embedded in a web browser.  They specifically went after ActiveX, but the patent is broad.  What makes this particularly egregious is that the technology was largely developed at the University of California--presumably subsidised or even fully funded by tax dollars.  Damages to MS $521M.  However, an MS appeal got the bulk of the verdict thrown out.  In addition, a patent re-examination eventually invalidated the patent, in large part based on prior art.

MS Codec infringes AT&T patent - July 2005 article talking about an appeals court ruling finding MS also infringed the patent when it made copies of infringing software overseas--as opposed to simply infringing when it exported the single master copy overseas.  This is from an 2001 suit that MS settled with AT&T in March 2004 except for this one appeal.  Cost to MS unknown--private settlement.

MS Longhorn IP stack infringes Alacritech patent - This is another example where a smaller company demonstrated its technology to MS, MS turns them down, and MS is later found to have used their technology without acknowledgement or payment.  Alacritech had created drivers that off-loaded part of the TCP/IP processing load from the CPU to the network card.  This can significantly increase throughput.  MS used this technology in Longhorn.  Alacritech sued in April 2004.  A judge issued an injunction preventing MS from using it in April 2005.  MS settles for an undisclosed sum in July 2005.

MS sued by TVI for CD-ROM AutoPlay - case is still in pre-trial motions and hearings.  No trial date yet scheduled.

MS printing techologies infringe Research Corporation Technologies patents - Article is from Jan 2004 and indicates that MS lost a preliminary summary judgement motion.  However, MS's most recent 10-Q indicates the trial is scheduled for the latter half of 2005.

MS web update technology in Office and the OS are alledged to infringe multiple BTG patents - my guess is that these patents, like the EOLAS one, could be expanded to apply to multiple F/OSS projects as well.  BTG sued both Apple an MS in late 2004.  No trial date scheduled.

MS 3D technology alledged to infringe American Video Graphics patents  Suit filed in November 2004 against MS as well as a number of game makers, video hardware manufacturers and OEMs.  No trial date set.

MS smart tags  found not guilty of infringing Arendi's patents    In Sep 2004, MS was found not guilty of infringing some Arendi patents.  Arendi is appealing.

And, there is the well-known MS SQL Server loss against Timeline patents - In this case, MS was found to have infringed in its use of some technology for enabling the import/export into/from SQL Server.  What makes this case particularly interesting is that not only was MS found to have infringed, but the settlement did not allow MS to actually sublicense the patented technology to developers using the tools provided with SQL Server that infringed.  In other words, MS bundled SQL Server with add-on tools that infringed Timeline's patents.  MS was found guilty in a court of law.  MS had to pay for their infringement.  MS continued to provide the tools, but MS also provided APIs, instructions, and examples to allow developers to use those add-on tools to create end-user solutions.  However, the MS settlement still leaves those developers subject to an infringement lawsuit from Timeline.

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Related Links

~ MS Excel violates Guatemalan man's patents
~ Microsoft IE violates Eolas' patents
~ MS Codec infringes AT&amp;T patent
~ MS Longhorn IP stack infringes Alacritech patent
~ MS sued by TVI for CD-ROM AutoPlay
~ MS printing techologies infringe Research Corporation Technologies patents
~ MS's most recent 10-Q
~ MS web update technology in Office and the OS are alledged to infringe multiple BTG patents
~ MS 3D technology alledged to infringe American Video Graphics patents
~ MS smart tags &nbsp;found not guilty of infringing Arendi's patents &nbsp;
~ MS SQL Server loss against Timeline patents
~ heimdal31's Diary

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