Microsoft forced to change Word and Office in US in response to patent infringement ruling

Microsoft has been forced to pull some of its versions of Word and Office from sale in the US, after a US court had ruled that its software applications had infringed i4i’s patents. Microsoft was also ordered to pay i4i damages of US$290m. Microsoft is still appealing against the ruling, but in the meantime it has replaced its Word and Office versions in the US with versions that would not infringe i4i’s patents. The case surrounds the use of XML, a programming language that allows formatting of text and making files readable by different software programs.

Paul Gershlick, a Partner at Matthew Arnold & Baldwin LLP and editor of www.Upload-IT.com, comments: ‘This ruling only applies to Microsoft’s supply of products to the US market. Patents are by their nature territorial. The claim relates to infringement of i4i’s patent rights in the US. Different jurisdictions take different approaches to accepting and enforcing patents. The US takes a far more pro-patent line for patenting technical innovations or business methods than in Europe. Whenever any European-based business is considering going to the US market in the future, it is always worth considering the potential patent position there at the outset before launching anywhere else. Otherwise, once the thing is in the public domain, patent protection may no longer be available for the US market. In addition, care needs to be taken to ensure you are not infringing someone else’s patent when you launch there or you could be hit with a multi-million dollar legal action.’