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Doug's Mailbag: MS Lawyers Fighting a Losing Cause?, Beef With Doug's Blog

With the rumor that Microsoft may take their i4i patent case argument to the Supreme Court, here are some of your thoughts on what their next move should be:

Let's recap.
 1. Already removed offending code?
 2. Lost main lawsuit?
 3. Lost appeal case?
 4. Fighting fully substantiated Patent Office claim?
 5. Looking to waste millions of dollars making wealthy lawyers wealthier?

Oops, sorry about #5 there, just got lost in the moment. Seems their efforts could be better spent and money better invested in coming up with new features or applications to draw in more customers. Or they could make existing customers happier rather that just make wealthy lawyers richer. Must be nice to be able to afford to waste the kind of money they are fixing to give away. Face it -- that money is going to the lawyers, win, lose or draw.
-Ron

You indicate that the i4i patent has been upheld by the USPTO. That being the case, Microsoft would have to argue that:

  • Despite two jury trials, they did not violate the i4i patent, or
  • The previous award was not justified

Either one is a crapshoot for Microsoft and my guess that that it would cost Microsoft less to just settle with i4i than it would to send their (undoubtedly high-priced) lawyers to DC.

If the i4i patent was still pending, that would be one thing, but the patent office has made it official so I don't see that Microsoft can justify the cost of litigating it further.
-Marc

Put the lawyers to better use -- firing range targets.
-Bill

One reader calls out Doug on his perceived writing laziness:  

"Virt?" Is it that much trouble to type those three extra letters for "Virtual?" Please don't start another word shortening piece of nonsense; you're a much better writer than to do that.
-Anonymous

 Share your thoughts with the editors of this newsletter! Write to [email protected] Letters printed in this newsletter may be edited for length and clarity, and will be credited by first name only (we do NOT print last names or e-mail addresses).

Posted by Doug Barney on May 21, 2010 at 11:53 AM


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