Re: [xml-dev] Yahoo! Tech article on injunction against MS

[James Fuller <james.fuller.2007@gmail.com>]

'laughed out of court' ... as someone who has been to court a few
times in both the states and in europe this statement makes me wince
... 'laughed out of court' can mean several years of distress, pain
and money one does not have to dispose .... the reality is that
patents are for companies that can defend them not for the individuals
who invent them.

w/o wanting to be to OTT, thats why open source licensing is so very
important to humanity, otherwise what is easy to dismiss as silly
could become very painful for you and me.

Jim Fuller



On Thu, Aug 13, 2009 at 2:25 PM, CHET ENSIGN, BLOOMBERG/
B-LAW<censign@bloomberg.net> wrote:
> Actually, the i4i patent wasn't laughed out of court. Here is the wording from the final entry on the docket sheet:
>
> "FINAL JUDGMENT. Deft Microsoft Corp is found to have unlawfully infringed US Patent 5,787,449, and to have infringed the '449 patent willfully. The '449 patent is valid and enforceable, and Michel Vulpe is found not to have engaged in inequitable conduct with respect to the '449 patent. i4i's damage award is found not barred by laches. The Court awards damages to i4i for Microsoft's infringement of the '449 patent in the amount of $200,000,000. i4i is further awarded enhanced damages of $40,000,000 for Microsoft's willful infringement. i4i is further awarded post-verdict damages of $144,060 per day from 5-21-2009 until the date of this Final Judgment. i4i is further awarded pre-judgment interest of $37,097,032 up to 5-20-2009 and $21,102 per day thereafter until the date of this Final Judgment. i4i is entitled to post-judgment interest for any time period between the entry of this Final Judgment and the date upon which i4i receives payment from Microsoft as ordered herein. Microsoft is enjoined from infringing the '449 Patent. The terms of that injunction are contained in the separate Order of this Court."
>
> I set a track on the docket so that I can see how quickly MS files their notice to appeal. But for at least the opening round, the court has ruled unambiguously. I have a copy of the injunction but I haven't read it yet...
>
> ________________________________
> From:Kurt Cagle<kurt.cagle@gmail.com>
> To:<amyzing@talsever.com>
> Cc:<cbullard@hiwaay.net>
> Cc:<xml-dev@lists.xml.org>
> Subject:     Re: [xml-dev] Yahoo! Tech article on injunction against MS Word
> Date:08/13/2009 2:53:4
> ________________________________
> I think it serves as an interesting counterpoint to the Microsoft XML Word
> Processing Document patent that the Redmond company received earlier this
> week. The IADS patent is clearly silly, and there is, even at that point,
> enough information that an Amica Curiae could be filed by anyone in the XML
> community, if they were so willing to get involved in this. On the other
> hand, it also serves to point out the Microsoft patent isn't all that much
> less silly, and more significantly does not represent an innovative new
> technology but clearly an obvious use of an existing technology. Of course,
> it being Microsoft, that one will probably stand, while the other, equally
> spurious patent gets laughed out of court.
>
>
> Kurt Cagle
> Managing Editor
> http://xmlToday.org
>
>
> On Wed, Aug 12, 2009 at 7:43 PM, Amelia A Lewis <amyzing@talsever.com>
> wrote:
>>
>> On Wed, 12 Aug 2009 17:41:13 -0500, Len Bullard wrote:
>> > We really need to find a copy of the SGML systems still extant.  One
>> > gets
>> > tired of the patent disputes.  We depend too much on the web for
>> > resources
>> > and forget the design history of our technology predates the web.
>>
>> Uh.  Probably something that needs to be done; possibly true that folks
>> forget.
>>
>> Relevant to the current case?  Doubtful.  It's the eastern district of
>> Texas.  You could patent ice cream there.  Or bread.  When judges in
>> appeals circuits start making jokes from the bench (they have),
>> credibility of such cases, regardless of merits, drops to nil.
>>
>> Amy!
>> --
>> Amelia A. Lewis                    amyzing {at} talsever.com
>> Money can't buy happiness, but poverty can't buy *anything*.
>>
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>
>