Please create an account to participate in the Slashdot moderation system

 



Forgot your password?
typodupeerror
×
Patents Microsoft

Microsoft Found Guilty of Patent Infringement 342

Spy der Mann writes "Microsoft has been found guilty of patent infringement and ordered to pay a Guatamalan inventor Carlos Armando Amado almost $9m in damages. The US District Court of Central California court ruled that Microsoft had infringed on his intellectual property and ordered it to pay him $8.96m. The patent in question is a method to transfer data between Microsoft Excel and Microsoft Access using a single spreadsheet."
This discussion has been archived. No new comments can be posted.

Microsoft Found Guilty of Patent Infringement

Comments Filter:
  • by spagetti_code ( 773137 ) on Wednesday June 08, 2005 @10:31PM (#12764677)
    that MS is firing a few thousand patents a year at the USPTO - protecting themselves.

    You gotta have some sympathy for MS about this.
  • by aussie_a ( 778472 ) on Wednesday June 08, 2005 @10:32PM (#12764684) Journal
    "Damn! Should have settled. They were offering me $10 million."
  • by bersl2 ( 689221 ) on Wednesday June 08, 2005 @10:32PM (#12764690) Journal
    Not that MS cares, or anything, seeing as no one can push them around at their own game.
  • WHAT? (Score:4, Insightful)

    by halo8 ( 445515 ) on Wednesday June 08, 2005 @10:33PM (#12764691)
    So.. he patented a way for Microsoft Excel to work with Microsoft Access.. both products that Microsoft makes.

    Then he sued Microsoft???

    I know.. i patent a way for Apple Intel to work with Apple PowerPC, no one would ever think of that.

  • As much as I hate Microsoft, I hate people who think they can use patents to cash in on something after the fact. Rambus did this in its ambush of memory makers. Eolas did this to Microsoft. Intertrust is doing this now to MS.

    These companies sit around and brainstorm ideas without ever coming up with anything tangible, then they receive patents on their broad ideas. With the patent in hand, they can then sue anyone and anything that looks to be infringing. It's really sad.

    At least when IBM or Microsoft or Sun patent something, they have some tangible product they look to implement. The patent leeches just look for traps they can set for big payoffs later on.
  • by 77Punker ( 673758 ) <spencr04 @ h i g h p o i n t.edu> on Wednesday June 08, 2005 @10:36PM (#12764715)
    Well, the giant isn't exactly falling. I'm sure that to the winner of the lawsuit, it felt great to get paid loads of money for his patent.

    To Microsoft and the billions upon billions of dollars under their control, however, it's like trying to drain a lake by siphoning it through a straw.
  • Classic! (Score:2, Insightful)

    by metalmaniac1759 ( 600176 ) on Wednesday June 08, 2005 @10:37PM (#12764719) Homepage Journal
    Microsoft sued over a patent concerning *its own* products! CLASSIC!

    Nandz.
  • by Cthefuture ( 665326 ) on Wednesday June 08, 2005 @10:37PM (#12764727)
    Software patents suck. I don't care who is trying to use them, they suck. Microsoft is the victim today, tomorrow it could be you.

    It is like patenting how I make my breakfast in the morning. It's just stupid.
  • Re:umm... no. (Score:5, Insightful)

    by aussie_a ( 778472 ) on Wednesday June 08, 2005 @10:38PM (#12764736) Journal
    Patent infringement is not a crime

    Yet.
  • wow.. silly patent (Score:2, Insightful)

    by pavera ( 320634 ) on Wednesday June 08, 2005 @10:40PM (#12764750) Homepage Journal
    Ok,
    so transfering data from an excel spreadsheet to an Access table is patented... Hmmm I've been using copy/paste to do that since forever. What "technology" is this? You've been able to export a spreadsheet to comma delimited and import to Access since forever as well... How do you get a patent on importing a comma delimited file?
  • Re:MS, good stuff? (Score:4, Insightful)

    by zerbot ( 882848 ) on Wednesday June 08, 2005 @10:43PM (#12764765)
    As I pointed out in another comment to another story, among software developers the standard wisdom is, "Get in bed with Microsoft, and expect to get screwed." They have repeatedly managed to extract whatever they want from collaborations or licenses and left the other party wondering how it is that they got nothing.
  • Indeed. (Score:5, Insightful)

    by game kid ( 805301 ) on Wednesday June 08, 2005 @10:45PM (#12764777) Homepage
    I'm afraid of making any sort of software, even for fun. If it somehow leaves my PC goes public, someone could notice I made it, dig up some old patent, and sue my ass to Hoboken, New Jersey. [google.com] This leeching is far worse than file leeching, and it's always sad to see that something intended to advance science and the arts [house.gov] (see Sec. 8, Clause 8) is impeding it instead. If it can happen to "M$" with their many IP/etc. lawyers, it can happen, and cause far worse damage, to us. That's -1, Scary to me.
  • Re:Poetic Justice. (Score:5, Insightful)

    by ajs ( 35943 ) <{ajs} {at} {ajs.com}> on Wednesday June 08, 2005 @10:47PM (#12764794) Homepage Journal
    Poetic justice?! Hardly!

    The only good that could come of this would be the remote chance that it could convince MS that software patents are a terrible idea and prod them into backing Red Hat and Oracle's push to reform patents in the US [yahoo.com] and Europe [reuters.com].
  • by ArchAngel21x ( 678202 ) on Wednesday June 08, 2005 @10:50PM (#12764813)
    Just another cost of doing business. Put it down in the books as a business expense for a tax write off.
  • No it doesn't (Score:1, Insightful)

    by Anonymous Coward on Wednesday June 08, 2005 @10:51PM (#12764819)
    I mean, really just because he had an idea to connect a different data view to do the underlying data doesn't mean that the idea was origional.

    I doubt the method was identical to his. It might have had similar elements, but I bet microsoft's was implemented in a much different manner.

    Also, I believe that Microsoft began development of the idea in 1989 like they claimed. Its unlikely that anyone who delt with Armando had influence in the design plan.

    So I think this is just an example of pattent misuse.
  • by bollucks ( 450288 ) on Wednesday June 08, 2005 @10:52PM (#12764821)
    And does anyone think Microsoft would even notice a $9 million bill? Their phone bills are probably larger than this.
  • by ArielMT ( 757715 ) on Wednesday June 08, 2005 @10:52PM (#12764824) Homepage Journal
    As much as I hate the company and its products, and believe me I do, this is a case that should've either been thrown out or used to nullify the patent. Instead the judgement strengthened the concept of software patents and non-novel patents, which in turn strengthens Microsoft's position as a monopoly, for a sum of money that's just barely half a single day's take.
  • by Dancin_Santa ( 265275 ) <DancinSanta@gmail.com> on Wednesday June 08, 2005 @11:00PM (#12764877) Journal
    How does it change anything?

    Microsoft built a suite of integrated Office applications with built-in functionality that allows seamless transfer of data between the apps. Amado uses the built-in functions to do exactly what those features are designed to do, receives a patent from the braindead patent office, then tries to present his "discovery" to the people who invented the thing in the first place.

    There's nothing to understand here except that Amado's idea was exactly why Microsoft put those features into the applications in the first place.

    If this doesn't push Microsoft to patent every single thing they ever do or plan to do, I don't know what will. How can they protect themselves from these fleas? The only way is to hold those patents.

    These types of lawsuits are what is leading to the demise of intellectual property, not the other way around. It is when people abuse the system by applying for things that are either obvious or developed by someone else that this type of lawsuit occurs.

    I hope Amado is happy with that money because he doesn't deserve it.
  • by carcosa30 ( 235579 ) on Wednesday June 08, 2005 @11:04PM (#12764897)
    I guess that's what they get for being ubiquitous.

    Kind of ironic and strange that they can be sued for patents on interactions between their own software packages.

    Could I patent, just as an example, methods for converting between PDF and PSD files, and then sue Adobe for infringing when they do the obvious?

    Something not right about this; I guess it's just showing up yet another problem with copyright law. Pretty thorny one if you think about it.
  • by AndroidCat ( 229562 ) on Wednesday June 08, 2005 @11:04PM (#12764898) Homepage
    He couldn't have done what the text says. Access 1.0 was released in 1993. Basically the Register stories boil down to goo. Does anyone have a link to a story with come actual content and information?
  • by Saeed al-Sahaf ( 665390 ) on Wednesday June 08, 2005 @11:04PM (#12764903) Homepage
    Like most things at Slashdot, there is a double standard at play here. In other words, the Slashdot fanboys are not as pue as they like to think of themselves as. If it's bad for MS, it's good "just because". Pay backs, you know? Like little children...
  • by cicho ( 45472 ) on Wednesday June 08, 2005 @11:05PM (#12764905) Homepage
    It does, but only superficially. What about that "specially crafted" spreadsheet? Exactly how did he "craft" it? By entering a bunch of formulas or macros? They may have been complex and they may have been non-obvious and they may even have been ingenious. But unless he hand-hacked the bits of the 'sheet, it seems to me he just used existing features built into the software. Even as software patents go, this is sick. He should never have been granted a patent for this.

  • by Anonymous Coward on Wednesday June 08, 2005 @11:11PM (#12764940)
    1. Responsible for or chargeable with a reprehensible act; deserving of blame; culpable: guilty of cheating; the guilty party.
  • by the gnat ( 153162 ) on Wednesday June 08, 2005 @11:14PM (#12764958)
    It is when people abuse the system by applying for things that are either obvious or developed by someone else that this type of lawsuit occurs.

    Yes, now every asshole CS student in the country is going to start patenting any tweak to MS software that they think might possibly be worthwhile.
  • by dnixon112 ( 663069 ) on Wednesday June 08, 2005 @11:17PM (#12764977)
    Wrong.

    The reason it's 'a good thing' is because the more small companies, in some cases companies who are little more then patent whores, can successfully sue the big companies who actually have a say in government policy the better chance we have of reforming the patent system. If this ruling leads to more and more ridiculous rulings costing MS and other big companies millions upon millions of companies, hopefully it will get to the point where the people in power will be hit hard enough in the pocket book to finally have the motivation to change software patents.
  • Re:Classic! (Score:3, Insightful)

    by Lehk228 ( 705449 ) on Wednesday June 08, 2005 @11:20PM (#12764992) Journal
    i'd say more asinine than classic
  • by Anonymous Coward on Wednesday June 08, 2005 @11:23PM (#12765012)
    "This is a really annoying habit in /. patent stories. Yeah, we all hate them. But the patent at stake is seldom described very precisely. In fact, it's usually mis-described to make it sound even worse than it is."

    Well Slashdot has a patent on mis-describing stories, and no one else can mis-describe stories like we can. So pay up suckers.
  • by JoeCommodore ( 567479 ) <larry@portcommodore.com> on Wednesday June 08, 2005 @11:24PM (#12765013) Homepage
    Just as US companies can put the pressure internationally on other countries with patent reform, the opposite works as well. Imagine that, other countries create and patent stuff too.

    In capitalist America; after you beat the system, the system beats you.

  • by NoMoreNicksLeft ( 516230 ) <john.oylerNO@SPAMcomcast.net> on Wednesday June 08, 2005 @11:35PM (#12765082) Journal
    Yeh, the same double standard that says landmines are always bad, but that we can ignore temporarily if say, Pol Pot gets one accidentally stuffed up his ass.

    Oh wait. That's not a double standard, that's just us cheering when bad things happen to bad people. Whooddah thunkit?
  • No. (Score:5, Insightful)

    by Saeed al-Sahaf ( 665390 ) on Wednesday June 08, 2005 @11:35PM (#12765086) Homepage
    The reason it's 'a good thing' is because the more small companies, in some cases companies who are little more then patent whores, can successfully sue the big companies who actually have a say in government policy the better chance we have of reforming the patent system.

    No. What will happen is that big companies that have influence over government policy will lobby to have the bar raised so high that small patent holders ("whores", as you say) will not be able to prove a case in the first place.

  • by robertjw ( 728654 ) on Wednesday June 08, 2005 @11:39PM (#12765103) Homepage
    Aside from the issue that this is over a software patent (something railed against so often, but since this is against Microsoft it must be OK)

    Actually it's more than OK, it's GREAT - but not for the reasons you think.

    The patent system is completely screwed up. The only way it will ever get changed is if we see some negative effects on big industry as well as small. The way the US government currently works it will do anything to protect big business and the precious economy. If stupid patents start restricting big business rather than helping it Washington will sit up and take notice. On top of that, companies like Microsoft have the money and connections to make a lot of noise about stupid patents.

    I hate the decision on an idelogical level, but appreciate it on a political one.
  • by cfalcon ( 779563 ) on Wednesday June 08, 2005 @11:41PM (#12765118)
    Basically, it went like this:

    Microsoft obtains software product A.
    Microsoft obtains software product B.
    Microsoft begins making them work together.
    Guy beats Microsoft to market.
    Microsoft continues making their products work together.
    Guy sues Microsoft, wins millions for being first to patent obvious method made "novel" by the fact that it works on those confusin' new computers.

    This would work against Linux.

    This crap would work on anything.

    Microsoft did *NOTHING* wrong here. They didn't steal his stuff or anything. They just made their own products work together. It probably wouldn't even have been an issue if Excel and Access had been marketed under the same freaking product name.

    Ludicrous.
  • by Anonymous Coward on Wednesday June 08, 2005 @11:57PM (#12765224)
    No, patents are still bad.

    Just because a child molester gets his house robbed, that doesn't mean people who rob houses have moved up the social ladder. It's just that anything that hurts a child molester is worth celebrating, at least for a few moments.
  • by Darby ( 84953 ) on Thursday June 09, 2005 @12:03AM (#12765271)
    If it's bad for MS, it's good "just because". Pay backs, you know? Like little children...

    No, if it is bad for a criminal monopolist who bought their way out of any punishment whatsoever for their knowingly illegal actions then odds are it *is* good for everybody (are you seriously saying criminals should never be punished for their crimes?).

    That is the adult idea that people should be responsible for their actions combined with an honest approach to the attitude that honest people being able to have any sort of recourse to the law without billions of dollars in their pocket is an absolute good thing.

    So it has nothing at all to do with your spoutings, does it?
  • Not exactly felled (Score:4, Insightful)

    by EmbeddedJanitor ( 597831 ) on Thursday June 09, 2005 @12:14AM (#12765352)
    $9M to Microsoft is less hurt than you dropping a penny.
  • by xbsd ( 814561 ) on Thursday June 09, 2005 @12:32AM (#12765452) Journal
    Sounds a lot like the claims SCO claimed against IBM. I suppose you're SCO's bitch too. This patent is a joke.

    Dude, seriously, try to read once in a while before insulting people. Every software patent is a joke. This is not about the merits of a particular patent, this is about proving a deliberate attempt to profit from someone else's ideas when those ideas have been previously patented, and that makes a huge difference between this guy vs. Microsoft and SCO vs. IBM. SCO has no evidence nor argument whatsoever.
  • by DoctorHibbert ( 610548 ) on Thursday June 09, 2005 @01:31AM (#12765703)
    All that they have to do is demonstrate prior art if they're charged with patent infringement

    Sorry, but that's simply not the case, as I'm currently serving as an expert witness for a defendant in a patent case. It's not enough to have prior art, you must also convince a jury that you have prior art. Good luck getting a jury of everyday schmoes to understand some complex technical issue.

    You see both sides will have expert witnesses, and they will both say how much they believe they are right. Both sides will spout technical jargon and the juries eyes will glaze over. And the jury will determine the winner based on things like who most likable. So if you can paint yourself as some poor schlub who got ripped off by MS, then the technical stuff really doesn't matter. Really. It's fucking sad, but that's how it works.
  • by Alsee ( 515537 ) on Thursday June 09, 2005 @01:41AM (#12765747) Homepage
    If this doesn't push Microsoft to patent every single thing they ever do or plan to do, I don't know what will. How can they protect themselves from these fleas? The only way is to hold those patents.

    Your logic is invalid. Patenting stuff in no way defends you against getting nailed for patent infringment. If this guy came up with it first (which the court ruled he did) then Microsoft COULDN'T have patented it, and filing for other patents in no way helps Microsoft against this. If Microsoft had come up with it first, it STILL wouldn't matter if they patented it or not. Either this guy whould not have been able to patent it, or Microsoft could have gotten the patent tossed out as invalid simply by producing reasonable records documenting that they did it first.

    The *only* time patents are useful for "defense" is if you can actually file a counter suit... and you could-have / should-have filed that "counter" suit even if you have never been sued in the first place. You could-have / should-have sued to obtain the money you were owed anyway. Moreover "defensive" patents are usless against "fleas" because the fleas is not offering any product themselves and therefor not infringing any patents at all.

    The problem here is that the US SCREWED UP in REVERSING established patent law and EXTENDING patents to software. Math / logic / calculations / mental steps are not inventions.

    If patents are going to cover software, well this guy's patent is valid. In fact this guy's patent is better than half the software patents out there. Better than many of the patents Microsoft is getting.

    -
  • by Alsee ( 515537 ) on Thursday June 09, 2005 @02:00AM (#12765815) Homepage
    Even as software patents go, this is sick.

    No, as far as software patents go this is about pretty average.

    What about that "specially crafted" spreadsheet? Exactly how did he "craft" it? By entering a bunch of formulas or macros?

    In other words ordinary programming. What you are pointing out is that he happened to do it in a spreadsheet programming language. No different than programming in C or machine language or perl or PHP. And yes, spreadsheet programming language generally is a univeral programming language capable of absolutely anything you can program in any other language. If you can program speach recognition software in C then you can program it in spreadsheet language. It will merely run more slowly in a spreadsheet.

    This is exatly why programmers are almost univerally opposed to software patents. They directly SEE that it is the exact same thing, that programming in ANY computer language is no different than filling in equations in a spreadsheet or writing a complex math equation on a sheet of paper. If one is patentable then they all are. Any program is nothing but a fancy math equation. Numbers come in, you do a long list of basic math steps, and numbers go out.

    *If* software is a patentable invention, *if* doing math calculations is a patentable invention, well.... then this guy has a perfectly valid patent.

    he just used existing features built into the software

    Just like any programmer writing in BASIC or any other language is just using the "existing features built into the [compiler or interpreter] software". It's merely writing instructions in a different language to be run on top of a different host system. No difference.

    This is why software patents are fundamentally broken.

    -
  • by haystor ( 102186 ) on Thursday June 09, 2005 @02:04AM (#12765835)
    Yes, but he does understand the word guilty perfectly well. You see, slashdot isn't a court of law, it is a message board where we aren't bound by legal definitions but are free to use the language in other ways.

    Microsoft was guilty of this violation.

    I'm guilty of taking the last cookies.

    Just because you know one definition for one context doesn't make the rest of us bound to your specific world.
  • by Alsee ( 515537 ) on Thursday June 09, 2005 @02:27AM (#12765936) Homepage
    Microsoft did *NOTHING* wrong here.

    Sure they have. Not only do they actively support and defend this sort of patent as valid, they are actively pressuring and extorting other countries to change their laws to make this sort of patent valid.

    As far as software patent go, this one is pretty typical. He wrote some software to transform data in a new and useful way. He merely wrote it in spreadsheet programming language rather than BASIC or C or perl.

    I agree this should not be a valid patent - NO software patets shoudl be valid. But so long as Microsoft wants a FUBARed patent system then they deserve what they get when they are forced to live inside that system.

    -
  • by Alsee ( 515537 ) on Thursday June 09, 2005 @02:52AM (#12766028) Homepage
    (something railed against so often, but since this is against Microsoft it must be OK)

    It reminds me of a scene from a movie. I forgot what movie, and I'll have to make up some details, but it goes something like this...

    You have one person (the shark) being very freindly and helpful teaching someone else (the victim) "how to play poker". They of course are playing for money. The shark is being particularly helpful, even placing the vitim's money into the pot for him... helping him bet.

    As the poker lessons go on, the shark starts making up rules so that he wins every hand (and taking all the money). One hand the victim gets all excited... "Oh look! I have a full house! That means I win this time, right?" The shark then says no, I have a pair of threes... that's called a tripple wammy and it beats a full house. Of course the victim is all sad, but completely clueless.

    Then of course two hands later (with a huge pot holding ALL the money) the shark lays down a full house and reaches towards the pot... and the victim lays down a pair of threes and shouts TRIPPLE WAMMY BEATS A FULL HOUSE! The victim innocently scoops up all the money and scampers off.

    Well if Microsoft wants broken patent law and software patents... if Microsoft is going to try to EXTORT other countries into imposing these same broken rules... well no one is going to shed a tear when someone jumps up and yells TRIPPLE WAMMY and walks off with Microsoft's money.

    -
  • by Flyboy Connor ( 741764 ) on Thursday June 09, 2005 @03:26AM (#12766123)
    We know M$ gets aways with all sort of things, so EVEN if this guy is taking advantage of software patents and is intentions are bad, he WON against the proverbial 800-pound gorilla. That's something to CELEBRATE. It tells all those little guys somewhere, that there's hope on their processes. Yes, you CAN beat a giant at their own game.

    I don't think Microsoft really lost here.

    Think with me: if Microsoft really wanted to win this case, they would just appeal. They've got the money, they've got the lawyers, there is NO WAY Joe Smallpotatoes would win in the end. Especially not this ridiculous patent, which should be easy to overthrow on the grounds of obviousness.

    So, I can only conclude that Microsoft is actually happy to lose this one. And why would that be? My guess is that they simply have lots of these obvious patents themselves, which they hope to apply tactically in the near future to bring down small entrepreneurs. Since they now lost this case, in the future, when someone they sue tries to tell the judge that a Microsoft patent is obvious, Microsoft can reply by pointing out the historic case in which a judge upheld a similar patent, which is therefore non-obvious.

    This is a tactical loss for Microsoft. And I see a bleak future.

  • by Steeltoe ( 98226 ) on Thursday June 09, 2005 @04:55AM (#12766338) Homepage
    So why is Microsoft pushing for software patents in Europe and USA?

    They deserve no sympathy, and besides, adding value to existing implementations is all the patent system is about. You cannot invent something in vacuum, it HAS to be built on top of existing technology.
  • by CastrTroy ( 595695 ) on Thursday June 09, 2005 @08:32AM (#12767375)
    Yeah. I don't understand what world people grew up in that they think that most people make close to $100,000 a year. They don't realize that half the population lives off less than $30,000 a year. I know some people who couldn't survive off that much, and others who would be swimming in money making that much. It's all about understanding how to effectively spend your money.
  • Re:No. (Score:3, Insightful)

    by afidel ( 530433 ) on Thursday June 09, 2005 @10:33AM (#12768680)
    The problem is, this doesn't help when you form a company soley to hold patents and litigate patent infringement lawsuits. It's really hard to counteroffer your patent suite to someone who's only goal is to collect fees and damages on the patents they hold, not to actually make anything.
  • by Tim C ( 15259 ) on Thursday June 09, 2005 @11:06AM (#12769120)
    Microsoft obviously isn't doing this for protection, since the only people who've been suing Microsoft have been tiny parasite IP companies-- the kind of people who a patent shield is useless against.

    No - if MS patents everything it can, then there's less chance of such a parasite from obtaining a patent that it can use against MS. Hence, it *is* (or at least *can be*) a defensive measure.

    Denying your would-be attacker any way of attacking you is just as effective as being able to retaliate, if not more so.
  • by gosand ( 234100 ) on Thursday June 09, 2005 @11:13AM (#12769213)
    Microsoft built a suite of integrated Office applications with built-in functionality that allows seamless transfer of data between the apps.

    Bzzzzzzt. They were not an integrated suite in 1990. They were separate products. What allowed them to be integrated into a suite? Maybe ideas like the one this guy patented and Microsoft infringed upon.

  • by RexRhino ( 769423 ) on Thursday June 09, 2005 @12:00PM (#12769776)
    Um, no, this is a disaster for small buisness. Large corporations have huge legal teams that can afford to fight these insane software patents, and even if they were to lose they sell so much software that the cost of the patent licence is a very small part of the product cost.

    However, small buisnesses don't have the resources to fight for years on end in court. A legal battle going on for two years can easily cost you a million dollars. And they don't have a large enough customer base to pass the charges on to their consumer.

    People are so rabidly and mindlessly anti-Microsoft, that they are willing to have draconian patent enforcement that will destroy small buisness, just to see Microsoft lose a tiny amount of money that they will make back in less that one hour. Software patents are killing small software developers.

Any circuit design must contain at least one part which is obsolete, two parts which are unobtainable, and three parts which are still under development.

Working...