Driving home the point that software patents remain enforceable and of potentially high value to those who invest in them, the US Court of Appeals for the Federal Circuit upheld a recent District Court ruling that Microsoft had willfully infringed I4i’s U.S. Patent No. 5,787,449.

The .DOCX (or any file format containing custom XML) is to be removed from all Microsoft products that make use of the new format. Users who remain befuddled by the change from the .DOC format to .DOCX can breath a sigh of relief so long as the US Supreme Court doesn’t decide to weigh in.

The background on this situation is that Microsoft has been in litigation with a company known as I4i for quite some time and lost a jury trial wherein a ruling was handed down along with an injunction and an award of $200 million in damages resulting from Microsoft’s infringement of an I4i patent directed to a custom XML feature in Word. Microsoft appealed the case.

The patented invention created a reliable method of processing and storing content and metacodes separately and distinctly. The data structure primarily responsible for this separation is called a “metacode map.” According to the patent, the “metacode map” allows a computer to manipulate the structure of a document without reference to the content.  Reuters reported that the total damages owed from the original award plus interest and fees would reach $290 million.

More detail about the case can be found at www.i4ilp.com. In a statement release by I4i Loudon Owen, Chairman of i4i, says, “We couldn’t be more pleased with the ruling from the appeals court which upheld the lower court’s decision in its entirety.  This is both a vindication for i4i and a war cry for talented inventors whose patents are infringed.”  Mr. Owen adds, “The same guts and integrity that are needed to invent and go against the herd, are at the heart of success in patent litigation against a behemoth like Microsoft.  Congratulations to our entire team who provided such dynamic leadership, courage and tenacity!”

Michel Vulpe, founder of i4i and co-inventor, says, “This ruling is clear and convincing evidence that our case was just and right, and that Microsoft wilfully infringed our patent.”  Mr. Vulpe adds, “i4i is especially pleased with the court’s decision to uphold the injunction, an important step in protecting the property rights of small inventors.  We will continue to fully and vigorously enforce our rights and we invite all potential customers interested in custom xml to contact us.”

Pilot Program Will Accelerate Applications on Green Technologies

The Patent and Trademark Office issued a notice on December 8, 2009 that it is initiating a pilot program permitting petitions to accelerate applications pertaining to green technologies.  74 Fed. Reg. 64666. New patent applications are normally taken up for examination in the order of their United States filing date. The USPTO is implementing a pilot program to permit applications pertaining to “green technologies” (i.e., applications pertaining to environmental quality, energy conservation, development of renewable energy resources, or greenhouse gas emission reduction) to be advanced out of turn without meeting all of the current requirements of the accelerated examination program set forth in item VIII of MPEP Sec. 708.02(a) (e.g., examination support document). The USPTO will accept the first 3,000 petitions to make special under the Green Technology Pilot Program in previously filed new applications, provided that the petitions meet all of the requirements set forth in this notice. Upon receipt of more than 3,000 petitions, the USPTO may reevaluate the workload and resources needed to extend the pilot program.