Comments on: Federal Circuit Grant Stay to Microsoft Injunction? http://www.ipwatchdog.com/2009/09/04/federal-circuit-grant-stay-to-microsoft-injunction/id=5530/ Patents, Software Patents, Patent Applications & Patent Law Thu, 09 Feb 2012 07:58:49 +0000 hourly 1 By: Gene Quinn http://www.ipwatchdog.com/2009/09/04/federal-circuit-grant-stay-to-microsoft-injunction/id=5530/#comment-8256 Gene Quinn Sat, 19 Sep 2009 14:30:14 +0000 http://www.ipwatchdog.com/?p=5530#comment-8256 Robert- We shall see what happens, but so far the Patent Office has reviewed the application and the district court has reviewed the patent and Microsoft has been unable to prove in court that what you say is correct. Perhaps the Federal Circuit will agree with you, time will tell. Europeans are very strict about software patents, and that is why there is no meaningful software industry in Europe. You can choose to think that is a good thing, but from an economic standpoint, growth, jobs and social standpoint the European position is extremely short sighted. To be perfectly honest, the last people on the planet that should decide patentability are programmers. Programmers typically do not understand engineering principles or concerns, and simply do not understand software on a systems level. If what you say is true it is no wonder very little software gets patented in Europe and why the major software companies of the world do not reside in Europe. -Gene Robert-

We shall see what happens, but so far the Patent Office has reviewed the application and the district court has reviewed the patent and Microsoft has been unable to prove in court that what you say is correct. Perhaps the Federal Circuit will agree with you, time will tell.

Europeans are very strict about software patents, and that is why there is no meaningful software industry in Europe. You can choose to think that is a good thing, but from an economic standpoint, growth, jobs and social standpoint the European position is extremely short sighted.

To be perfectly honest, the last people on the planet that should decide patentability are programmers. Programmers typically do not understand engineering principles or concerns, and simply do not understand software on a systems level. If what you say is true it is no wonder very little software gets patented in Europe and why the major software companies of the world do not reside in Europe.

-Gene

]]> By: Robert T. http://www.ipwatchdog.com/2009/09/04/federal-circuit-grant-stay-to-microsoft-injunction/id=5530/#comment-8253 Robert T. Fri, 18 Sep 2009 19:26:12 +0000 http://www.ipwatchdog.com/?p=5530#comment-8253 I read the i4i patent and it is a very simple software markup capability that was obvious to anyone skilled in the art of markup back in the '80s. Microsoft will be able to contest its patentability with ease and rightly so. Not only that, but i4i's patent application in Europe has been rejected. This is not uncommon, but the Europeans are very strict about issuing software patents in general and the chances that i4i gets their software markup capability by them are zero. I know this because I was just granted a software markup-related patent by them for my invention and it took 7 years of patent prosecution. In the end it took 7 hours of grilling in person by 3 patent examiners in the Hague who were all ex-programmers. i4i doesn't have a chance. I read the i4i patent and it is a very simple software markup capability that was obvious to anyone skilled in the art of markup back in the ’80s. Microsoft will be able to contest its patentability with ease and rightly so. Not only that, but i4i’s patent application in Europe has been rejected. This is not uncommon, but the Europeans are very strict about issuing software patents in general and the chances that i4i gets their software markup capability by them are zero. I know this because I was just granted a software markup-related patent by them for my invention and it took 7 years of patent prosecution. In the end it took 7 hours of grilling in person by 3 patent examiners in the Hague who were all ex-programmers. i4i doesn’t have a chance.

]]> By: New Here http://www.ipwatchdog.com/2009/09/04/federal-circuit-grant-stay-to-microsoft-injunction/id=5530/#comment-8097 New Here Sat, 05 Sep 2009 04:36:33 +0000 http://www.ipwatchdog.com/?p=5530#comment-8097 Microsoft has made a bed for itself that it seems does not want to sleep in. The bed I mention comes from my looking over the past with Microsoft, Microsoft unlike the rest of the computer world as I know working to gain together through standards for example, but Microsoft though made choices to distance itself to obtain a monopoly hold. I can't say Microsoft has provided innovation I could find and recognize as being Microsoft, because looking back at Microsoft with respect to innovation in Microsoft's history, so many times has turned out it was not Microsoft. Having learned more about this case and with an examination of i4i past dealings with Microsoft has made it clear now what this is about and I do not pull for Microsoft not to say I did. Change is comming for MIcrosoft and I believe that is a good thing for innovation in the computer world. Microsoft has made a bed for itself that it seems does not want to sleep in. The bed I mention comes from my looking over the past with Microsoft, Microsoft unlike the rest of the computer world as I know working to gain together through standards for example, but Microsoft though made choices to distance itself to obtain a monopoly hold. I can’t say Microsoft has provided innovation I could find and recognize as being Microsoft, because looking back at Microsoft with respect to innovation in Microsoft’s history, so many times has turned out it was not Microsoft. Having learned more about this case and with an examination of i4i past dealings with Microsoft has made it clear now what this is about and I do not pull for Microsoft not to say I did. Change is comming for MIcrosoft and I believe that is a good thing for innovation in the computer world.

]]> By: Gene Quinn http://www.ipwatchdog.com/2009/09/04/federal-circuit-grant-stay-to-microsoft-injunction/id=5530/#comment-8095 Gene Quinn Fri, 04 Sep 2009 20:03:33 +0000 http://www.ipwatchdog.com/?p=5530#comment-8095 With how awful Vista is and how awful most Microsoft products have become, I personally root for anyone other than Microsoft! With how awful Vista is and how awful most Microsoft products have become, I personally root for anyone other than Microsoft!

]]> By: Chris R http://www.ipwatchdog.com/2009/09/04/federal-circuit-grant-stay-to-microsoft-injunction/id=5530/#comment-8094 Chris R Fri, 04 Sep 2009 19:08:54 +0000 http://www.ipwatchdog.com/?p=5530#comment-8094 don't get me wrong; I like to bash big corporations as much as the next guy, but I found myself pulling for Microsoft on this one. don’t get me wrong; I like to bash big corporations as much as the next guy, but I found myself pulling for Microsoft on this one.

]]> By: Woodrow Pollack http://www.ipwatchdog.com/2009/09/04/federal-circuit-grant-stay-to-microsoft-injunction/id=5530/#comment-8093 Woodrow Pollack Fri, 04 Sep 2009 18:22:34 +0000 http://www.ipwatchdog.com/?p=5530#comment-8093 Further down on the docket sheet is the following entry, showing the motion requesting stay was granted on 9/3/09: 8/18/2009 MOTION: Entry 2 :by Appellant - Emergency Motion to Stay Permanent Injunction Pending Appeal (with exhibits) [confidential and non-confidential versions]. SERVICE : by Mail on 8/18/2009 . REPLY 1: 8/25/2009 , Entry # 23 . REPLY 2: 8/31/2009 , Entry # 36 ACTION: Entry 43 :Granted. Filed: 9/3/2009 Further down on the docket sheet is the following entry, showing the motion requesting stay was granted on 9/3/09:

8/18/2009 MOTION: Entry 2 :by Appellant – Emergency Motion to Stay Permanent Injunction Pending Appeal (with exhibits) [confidential and non-confidential versions]. SERVICE : by Mail on 8/18/2009
. REPLY 1: 8/25/2009 , Entry # 23
. REPLY 2: 8/31/2009 , Entry # 36
ACTION: Entry 43 :Granted. Filed: 9/3/2009

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