Microsoft Gets September Hearing on Patent Ruling Appeal

Lora Bentley

On Sept. 23, a federal appeals court will hear Microsoft's appeal of the injunction prohibiting it from selling versions of Microsoft Word with custom XML capabilities.


A U.S. district judge in Texas granted the injunction earlier this month after finding Microsoft's product infringed Patent No. 5,787,449. The patent, held by Toronto-based i4i since 1998, covers "manipulating a document's content and architecture separately."

ZDNet blogger Mary-Jo Foley notes that Microsoft had asked for expedited review of the matter, but the request was denied. Even so, Foley doesn't think Microsoft will wait until the hearing to resolve the matter. The software behemoth will either patch Word to remove or disable custom XML, or settle with i4i. "Microsoft's legal team is great at playing chicken with lawyers and their clients," she says.


BusinessWeek quotes Microsoft spokesperson Kevin Kutz this way: "[The evidence] clearly demonstrates that we do not infringe and that the i4i patent is invalid."

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