Microsoft loses FAT patent, wins Smart Tag case
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Microsoft Corp. is fighting a rejection by U.S. patent authorities of a patent for its FAT (file allocation table) file system, the company said Thursday. Meanwhile, it's celebrating a jury decision clearing it of patent infringement charges related to a feature in its Office software.
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After months of hearings, Microsoft loses EU court battle and must strip Media Player, share code. Also: Federal judge refuses spammer's guilty plea.... Mobile companies dispute evidence that phone radiation damages DNA.... and more.
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(InfoWorld) - Microsoft presented oral arguments Wednesday before the U.S. Supreme Court in a 6-year-old patent lawsuit filed by AT&T whose outcome could require U.S. software companies to pay fines for patent-infringing software assembled in other countries. At issue in the case is how the court will interpret an obscure section of U.S. patent law, Section 271F, which says that if a U.S. company makes product components in the U.S and supplies them to companies overseas -- and the products assembled from those components result in patent infringements -- the company must pay patent damages for products assembled overseas as well as those made stateside. AT&T originally filed the case in federal court in New York in 2001 claiming that Microsoft infringed on one of its patents for digitally coding and decoding speech in its Windows OS. AT&T set out to recover damages not only from copies of Windows manufactured in the U.S., but also those made in other countries from the master disk of Windows that was sent to those countries and used to assemble computers with the OS installed. The U.S. Court of Appeals for the Federal Circuit in July 2005 upheld a lower-court ruling that Microsoft is liable to pay fines for foreign sales of patent-infringing software even if it was originally created in the U.S. In court Wednesday, Former U.S. Solicitor General Theodore B. Olson, an attorney with Gibson, Dunn & Crutcher, argued Microsoft's case, which claims that the patent law was aimed at closing a loophole that allowed companies to manufacture all of the components of patented inventions in the U.S., but avoid patent liability by assembling those U.S.-made components in other countries. "We believe this law was applied improperly by the lower court to find liability based solely on computers manufactured overseas," Microsoft General Counsel Brad Smith said in a statement. "A U.S. patent was never meant to apply to conduct that takes place entirely abroad." Therefore, Microsoft is asking that the Surpeme Court reverse the lower-court ruling. In a statement, Abha Divine, president and CEO of AT&T Knowledge Ventures, said the company believes that all U.S.-based sources of innovation, including the software development community, can benefit from patent laws that allow for "appropriate and fair" protection of all new inventions and technologies. The outcome of the case will depend on how the Supreme Court interprets the words "components" and "supplies" in the law, said John E. Daniel, partner in law firm Kramer Levin Naftalis & Frankel's Intellectual Property Department in New York. "Some people have a concern that [the lower court ruling] seems to be beyond what was intended," he said. "When [Congress] passed the legislation,Â it was thinking of making physical components, not software. The comeback is, 'What's the difference?' You still make copies, and Microsoft makes money based on people selling those copies." Microsoft has had some unusual allies in this case, such as its former nemesis the U.S. government and competitor Yahoo, both of whom have filed briefs in support of the vendor's argument. Companies fear that a precedent may be set that will potentially cost U.S. software companies millions of dollars in fines. There is also a concern that U.S. companies will take their research and development offshore to avoid fines, Daniel said.
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A seemingly simple case regarding whether Microsoft had the right to replicate speech recognition software it had licensed -- or rather, thought it had licensed -- from AT&T, and then sell that software abroad as a component of Windows Vista, has exploded into what is now extremely likely to become a landmark case in US patent and copyright law.
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At the behest of the open source-loving Public Patent Foundation (PUBPAT), the US Patent and Trademark Office (PTO) has rejected all of the claims made in one of the four patents that Microsoft holds on the Windows file system.
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A US jury found that Microsoft infringed audio patents held by the world's biggest software maker Alcatel-Lucent.   Microsoft has been ordered to pay Pounds 778m in damages, however the firm says it may appeal the ruling.   It says the verdict is unsupported by the law or the facts.
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Microsoft said Thursday that it had settled an eight-year patent dispute relating to a feature that allows embedded links in its browser that resulted in a $521 million jury verdict against it.
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A U.S. federal jury found that  Microsoft Corp. infringed audio patents held by Alcatel-Lucent  and should pay $1.52 billion in damages, the No. 1 software  maker said on Thursday.
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Microsoft suffered a decisive antitrust defeat on Monday when a European Union court upheld a landmark ruling that the world's largest software maker had abused its dominant market position to crush rivals.
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An appeals court should throw out a $500m (Â£260m) patent infringement judgement against Microsoft because a lower court failed to recognise that the patent was not invented by the company awarded the money, a Microsoft lawyer claimed yesterday.
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Just days prior to a tremendous loss by Microsoft in a jury trial over the MP3 format sent warning signs about the uncertain structural integrity of MP3's intellectual property, a previously unknown Texas-based firm filed suit ten days ago in federal court in defense of patents it claims it acquired from one-time MP3 chip powerhouse SigmaTel.
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In a heavy blow to Microsoft&#39;s intellectual property rights, the US Patent and Trademark Office has initially rejected Microsoft&#39;s patent claims on the universally popular FAT (file allocation table) file system.
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(InfoWorld) - Microsoft has won a patent for a digital-watermarking technology that could be used to protect the rights of content owners even when digital music is distributed without DRM protection.  The technology, called "stealthy audio watermarking," inserts and detects watermarks in audio signals that can identify the content producer, "providing a signature that is embedded in the audio signal and cannot be removed," according to a filing with the U.S. Patent and Trade Organization (USPTO). The application for U.S. patent 7,266,697 was filed May 3, 2004, by Darko Kirovski and Henrique Malvar, both of whom work at Microsoft Research. Malvar is a Microsoft distinguished engineer and managing director of Microsoft Research in Redmond, Washington, and Kirovski is a researcher there. Microsoft currently has DRM technology called Windows Media DRM that encrypts audio files and protects them from misuse or unauthorized redistribution. The company has traditionally been an outspoken proponent of using DRM to protect owners of digital content, though it said earlier this year it would consider selling DRM-free songs online after rival Apple struck a deal with EMI Group to do so. Forensic digital watermarking technology like the technology Microsoft has patented doesn't encrypt files the way DRM technology does or prevent people from unauthorized use. However, it can be used to prove who owns the content of the digital file by encoding a file with a unique digital signature. That means illegally traded songs could be tracked back to the original purchaser, allowing authorities to identify illegal sharers and serving as a deterrent. The technology could also be used to track files for royalty distribution. In fact, Apple has been inserting simple watermarks into digital audio files that include personal information about the purchaser on some files sold over iTunes so those files can be traced back to their purchaser in the case of unauthorized distribution. However, Microsoft's watermark is much more intrinsic to the file and cannot be stripped out easily by hackers, like Apple's can, said J. Alex Halderman, a computer science PhD candidate at Princeton University who specializes in DRM technology. "It's much harder for people to remove from the recording," he said. The trick for these watermarks to be effective for digital music files, however, is that they must be inaudible and thus undetectable by those listening to the files, which has been difficult for those who have tried to create this technology in the past, Halderman said. Indeed, in their filing, Kirovski and Malvar acknowledged that to work properly, the watermarks must not only be inaudible, but also "must be scattered throughout the file in such a way that they cannot be identified and manipulated" and "be robust enough so that it can withstand normal changes to the file, such as reductions from ... compression algorithms." Microsoft Tuesday declined to comment on how it plans to use the watermark technology it has patented. However, Microsoft Research already has licensed similar yet non-forensic watermarking technology to a company called Activated Content, which is using the technology to insert and extract non-secure data into audio files.
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Microsoft Corp. on Thursday lost the first of six patent lawsuits brought by Paris-based telecom equipment maker Alcatel-Lucent, and a federal district court jury set damages at $1.5 billion.
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The US Patent Trademark Office has rejected all claims to patents for a Windows file format held by Microsoft. Under a reexamination process initiated earlier this year by the recently formed Public Patent
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Microsoft has lost on all key points in its competition dispute with the European Commission - but what is the impact of the ruling?
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A judge dismisses one of Alcatel-Lucent's patent-infringement claims against Microsoft.