i4i vs. Microsoft appeal heard; Trash talk ensues

i4i vs. Microsoft appeal heard; Trash talk ensues

Summary: I4i, the company that was awarded $290 million and an injunction in a patent infringement suit against Microsoft, talked a little trash as three judges heard the software giant's appeal. Microsoft fired back.


I4i, the company that was awarded $290 million and an injunction in a patent infringement suit against Microsoft, talked a little trash as three judges heard the software giant's appeal. Microsoft fired back. Not-so-surprisingly both sides think the case will go their way.

If you recall, i4i in August won a trial that found that Microsoft willfully infringed on the company's patents. A judge issued an injunction against Microsoft. Microsoft appealed and won a stay of the injunction pending the appeal in September. At issue is the use of custom XML in Microsoft Word. Microsoft is allowed to sell Microsoft Word and develop Office 2010 with custom XML until the appeal is decided.

Needless to say i4i is confident it will prevail (what else would it say?). Loudon Owen, chairman of i4i, said in a statement:

As we expected, Microsoft repeated the same line of argument that was unsuccessful at trial. We are confident i4i will prevail. This case is critical not just for i4i but also so all entrepreneurs and inventors can enforce their property rights created by patents. Intellectual property is the lifeblood of invention.

Microsoft spokesman Kevin Kutz said in a statement:

At today's hearing we emphasized three points for why a reverse judgment or retrial is warranted: Courts need to construct claims properly, the patent is not valid and we do not infringe it, and common sense can't be abandoned when it comes to damages calculation. We are pleased with how the hearing proceeded and we look forward to the Court's ruling.

Sources familiar with the case said they are expecting the federal court to take 2 to 6 months to issue a ruling. The ruling will be either a reversal of the decision or scheduling a new trial without saying who won or lost.

Mary Jo Foley contributed to this post.


Topics: Microsoft, Collaboration, Legal, Software

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  • i Just hope taht MS will have it in the jaw big time

    For once a little guy could give the knock-out to MS would be a joy ....
    • Would be so nice

      Would love to see this one almost bankrupt Microsoft.

      Would love it even more if the next one wipes them out completely.
      • You are both idiots...

        You know this don't you? It has been understood that a win for i4i here would create problems for Open Office and many others.

        It's back to the stone age and you are all for it because of your blind hatred for Microsoft.

        • Sticks and rocks anyone?

          While these two may have a blind hatred for Microsoft (I don't know them personally so am unable to comment), there is nothing blind or hating about wanting equal justice under the law. Microsoft has managed to be on both sides of patent disputes time and time again. They have shown no mercy when on the side of trying to enforce their own patents and have cost some companies everything. They shouldn't be immune to the same justice being doled out at their expense. If memory serves, Microsoft had no problem seeking an injunction against TomTom... "F. For a grant of permanent injunction pursuant to 35 U.S.C. ? 283, enjoining each Defendant from further acts of infringement" - http://www.groklaw.net/articlebasic.php?story=20090305203031867. Whining that an injunction against a product of theirs would be unfair seems a bit...well...babyish for lack of a better term.
        • In addition to the above comment

          i4i has went on record to say Open Office does NOT infringe as this is not an XML issue, it is a customXML issue.

          So who is this understood by? So far I have only come accross cases of it being MISunderstood to create problems for OO and others. If you have recent comments made after i4i's comments which I refer to above, please share.

          Please see http://news.cnet.com/8301-10805_3-10347565-75.html
          Viva la crank dodo
        • first OOo is not in the I4I sight that said it

          In case on MS even if it would mean the god damnn apocalypse a equal justice once in a will .... would be nice.

          On multiple occasions MS shown what they where ... A bully a mafioso style scum ...

          Once in a will a good knock out punch feel great ...

          Like they say you dont get in a fight .If you are afraid to loose a few tooth and a broken nose and this time maybe MS will go to intensive care.

          (i hope they serve beer in hell)
        • So sir .... just to understand you point

          Legal or not right or wrong your will to give MS a blind pass because you could loose some appz ... Is that right

          You will let a crime goes unpunish because it suite you .....and your needs

          and you call me a loser

          what what what

          you should make a deep look at your ethic your self respect and what you are as a human being.

          Because if believing in justice the real one blind and true not buyout in a parking lots by a dirty lawyer. That yes im a loser sir. but at least i have ethic and a truck load of it.
        • On that idiot thing...

          i4i has stated that OpenOffice is in the clear as far as their patents are concerned.

          So, have a nice day, and try not to be a bigger idiot than you just were.
      • What color are the trees on your planet?

        This will HURT everyone. Custom XML is in a ton of apps. This will also only convince MS that real money can be made in patent suits - yeah!

        Think about the overall consequences before cheering anyone else's misery.
        • MS has been on the other side of patent litigation

          so should not be immune to the effects.

          I do think the patent laws need reform but MS is hardly a victim of an unfair lawsuit since they themselves have profited off of similar claims. If they took a stand even at this point swearing off patent litigation and took a patent reform stance, I'd be all for this case being dismissed.
          Viva la crank dodo
        • yes maybe

          but right is right and wrong is wrong ... If Ms is guilty they should get it mediavel style blow torch and plier. I4I should go out to kill not for some money .

          Even if its mean going back to type writer dubby better smoke sign ... justice would have been serve .

          justice the real one blind one not some back alley justice buyout with cheap dirty money .

          If MS is guilty they should receve it so hard that they would feel it for the next 20 years. You know business busting , money losing ,bankrupt down the ditch ,cranium busting justice .... as Robespierre would have done .....

        • Green leaved with a generally brownish trunk

          It won't hurt everyone, you're just being brainlessly alarmist by making such an assertion. It will only hurt those who think that they can ignore patents knowingly. You know, such as Microsoft. It's down to Microsoft to carry the blame for any downstream effect of their actions.

          That's all presuming the appeal goes i4i's way.
    • You need to


      • great fox news ...that explain a lots

        thx you no axe you did it again
    • RE: i4i vs. Microsoft appeal heard; Trash talk ensues

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  • Fair is fair

    If a court eventually decides MS stole, then to bad for MS and any collateral damage. If the court finds MS didn't steal, then to bad for i4i. If the patent laws aren't fair (and I personally think they are preposterous), then have Congress fix them.
  • RE: i4i vs. Microsoft appeal heard; Trash talk ensues

    I think that the patent laws may need reforming, and that's something Congress could work on sometime. However, until such time as they are, they must be enforced strictly and to the letter of the law. Therefore, since Microsoft (quit calling them M$ folks, it's immature)broke i4i's patent on customXML, they should have to pay damages on that. Hopefully the court will find in i4i's favor and force Microsoft to pay the damages in full. Microsoft can not be allowed to get away with violating the patents of any company. Nor can any company be allowed to violate Microsoft's patents.
    Microsoft could create a software workaround that would take care of this problem, but hasn't because they are so blinded by greed and believing that if they are forced to change Microsoft Office the sky will fall on them. It won't. They have some of the world's best software developers in-house, so developing a software workaround so that MS (that's an appropriate abbreviation for Microsoft) Office doesn't use the customXML anymore should be relatively simple for them, I think. What do other people think about that idea?
    • yes yet again they need more then a fine

      Fine impose on Microsoft mean nothing its
      pocket change. they need neither such a large
      fine that its you be a hallucinating number or
      a new punishment so crual that MS will think
      twice in the futur doing something like that .

      Because as long as it will involve money ...
      nothing will change under 100 billion its
      pocket change. The question is what could its
      use a as a mean of punishment jail time for
      the board of direction ( ballmer 5 years in a
      super max jail ) or what argument in the next
      antitrust case , or something nice 1 billion in
      fine and a other 1 billion for alternative OS.
      . Better punishment say it
  • RE: i4i vs. Microsoft appeal heard; Trash talk ensues

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