Microsoft Has Decision To Make In Word Patent Case

Microsoft, which lost a patent infringement case against software developer i4i related to the use of XML in its Word application, is not banned from selling Word in the future, but instead is banned from having anything to do with XML via its Microsoft Word.

That is literally the "verdict" from a Texas judge who on Tuesday granted i4i an injunction preventing Microsoft from offering any version of Word that opens documents containing XML data, or from helping anyone do so unless those documents were created prior to the injunction.

However, such restrictions would hobble Microsoft Word and make it difficult for users to transport and share documents with other applications or over the Web.

The i4i patent describes a way to manipulate the architecture and content of a document, particularly for data representation and transformation, by removing dependency on document encoding technology.

The patent, which can be read by clicking here, also describes how meta codes found in a document can be "produced and provided and stored separately from the document."

In the injunction, a copy of which can be read by clicking here, Judge Leonard Davis of the U.S. District Court for the Eastern District of Texas ordered Microsoft to stop selling or importing Microsoft Word 2003, Microsoft Word 2007 or similar future versions that open an XML file that contains custom XML code.

Microsoft also is prevented by the terms of the injunction from using Word to open an XML file containing custom XML code; from instructing, encouraging or helping anyone else to do so; and from testing, demonstrating or marketing its Word products as having that capability.

Microsoft can sell versions of Word that open XML files as text or that apply a custom transform to remove the XML code, and it can support users working with XML and custom XML code who licensed their software before the injunction goes into effect in 60 days from Tuesday.

That leaves Microsoft with a few choices:

Fight the verdict. That's the typical Microsoft response, and one at which it has proven to be pretty adept. Strategies include getting the patent declared invalid, or proving that it does not impact its Word application.

Pay the fine and sign a licensing deal. That's something Microsoft usually doesn't like to do.

Remove the XML capability from Word. That would take away a key function, but give Microsoft time to find an alternative technology.

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