This patent is just crazy. How can you possibly patent something like this? There are tons of applications that use XML for data storage (you could even argue that the internet is one of them). XML is supposed to be customizable - that is the whole point of it. So "Custom XML" is part of the XML standard and not something to be patented. And by the way - do they have a specific piece of code to show that MS actually stole their technology? You should not be able to patent some vague idea, but only a specific implementation. You should need to provide code if it is software, like you need to provide construction drawings if it is a piece of machinery.
This is just another case of someone being in need of money and Microsoft an easy one to accuse. Why else file the case with this court in Texas, which is known to always rule against Microsoft in these patent infringement cases (remember, this is the court who gave us "Click to activate" in IE - another crazy patent case). Why not file the case in Microsoft's home state?
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