A Texas jury found that Microsoft Word willfully infringed on the patent. Microsoft appealed that decision, but the U.S. Court of Appeals for the Federal Circuit on Tuesday upheld the lower court's damage award and the injunction against future sales of infringing copies of Word."
What will happen on January 11, 2010?
Whatever occurs on that date will probably be as eventful as Year 2000--some users will be affected by the inconvenient changes that are mandated upon them by change; however, the general population is not likely (as per Microsoft) to be significantly affected. Microsoft, in its modest scale, has already perceived and addressed the potential turnouts of the judgment, thus it is issuing the 2007 Microsoft Office OPK Master Kit Download. This kit and its functionality will strip Word and other Office programs of the custom XML editing capabilities.
What exactly is the patent about?
Nothing in the press has been very explicit, but the hullaballoo is about patent number 5,787,449 which describes how programs go about "manipulating a document's content and architecture separately." What exactly does this mean? Without being a patent attorney or software programmer, it is difficult to state; however, Microsoft commented on Tuesday that "it had put the wheels in motion to remove this little-used feature." The same statement added that Microsoft's upcoming Word 2010 and Office 2010 "do not contain the technology covered by the injunction."
What did the ruling cover?
The ruling means Microsoft cannot sell versions of Word that can open documents saved in .XML, .DOCX, or .DOCM formats that contain custom XML. According to Paul McDougall (Information Week, 12/23/09, "Microsoft Word Gets Facelift"), Those formats were at the heart of the patent dispute. DOCX is the default format for the most current version of Word, which is included in Microsoft Office 2007. Custom XML is used by businesses to link their corporate data to Word documents. The Court left an out for Microsoft. The company can continue to sell Word 2007 after January 11 if it removes the offending technology from the product. By virtue of its recent patch release, it appears that Microsoft is willing to comply with the order.
Who wins?
It appears the winners in this case would be i4i as it gets its share from the suit and to some extent will get some recognition as a possible benefit (and the lawyers that processed the case). Microsoft, on the other hand, will have to pay a $290 million fine (they will probably present additional appeals), and the end users will either be compelled by a forced "update" to revise their installed applications or will have to revise some code once they determine that they actually used the little-used feature.
Although we do not normally report on news items, we felt that this item was worthy of note. Hopefully, it will not adversely affect most of you, but if further insights should arise, we will do our best to keep you well assessed of the situation. If you feel that there is a subject that you deem merits our attention, please feel free to notify us at info@tech4now.com. For more information about a technical subject or for insights to improve your business' productivity, feel free to visit our website at www.tech4now.com. Happy holidays and a Happy 2010.
