Microsoft isn’t letting go of a patent case that challenges the company’s right to sell Microsoft Word in the United States.
Last year, a judge ruled that then-available (and even future) versions of Microsoft Word infringed on patents held by little-known software company i4i — the patents dealt with the separation of content and XML code. The judge ordered an injunction that would have prevented the larger company from selling Word in the U.S.
The court also awarded i4i $300 million in damages.
Microsoft appealed the ruling and made a minor tweak to Word to skirt the injunction. The software giant didn’t pay any of those damages, either.
Instead, the appeals process has gone all the way to the top. Microsoft will argue to the Supreme Court that traditional patent laws are too demanding when it comes to software cases.
It’s easy to downplay Microsoft’s appeal as the money-grubbing antics of a Goliath; however, when considering the phenomenon of patent trolling and frivolous patent suits in the world of software, doesn’t Microsoft’s point make a bit of sense, too?
Right now, a judge in a patent case will start with the presumption that the patent is valid. The person or entity allegedly infringing on the patent must provide clear and convincing evidence to the contrary.
However, Microsoft argues that perhaps patent validity and enforceability should be more malleable in the world of software, where every “innovation” is built on the work of many unrelated others and total strangers are often struck with the same idea at the same time. Perhaps the burden of proof shouldn’t be so disproportionately distributed.
Meanwhile, Apple and Google are not siding with Microsoft on this point. All three big companies see patent suits with just about every major product or feature release — and many times, the companies settle quietly out of court. Microsoft’s Word troubles would likely be over in a hurry if the company chose to sit down at a table with i4i and a checkbook, but the company is apparently more interested in making a point.
What do you think about this particular case? Is Microsoft the bad guy here, or is the issue more complicated? Time — and the opinions of the Supreme Court justices — will tell. In the meantime, let us know your thoughts in the comments.
Image courtesy of Flickr, kenmccown.
More About: i4i, i4i lp, microsoft, microsoft office, patents, scotus, Supreme Court
For more Tech coverage:
- Follow Mashable Tech on Twitter
- Become a Fan on Facebook
- Subscribe to the Tech channel
- Download our free apps for Android, iPhone and iPad