One more time: they aren't claiming any patent over XML. Their patent recognises SMGL and RTF as prior art, there is no question about that.
What they have patented is a system to create a map essentially for where markup would have been if it was included in the content (as it is with markup and delimited content). The patent is the opposite of markup languages.
As to whether or not MS have breached the patent, I don't know. Is there any technical documentation of how MS have implemented their "custom XML" other than the very brief documentation at MSDN?
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