Microsoft Is Sued For Patent Violation Over .NET 288
randomErr writes "As reported by Info World, Microsoft was issued a cease and desist order on February 7 of this year by Vertical Computer Systems. The order was for patent infringement by the current implementations of the .NET framework. Both the .NET framework and Vertical Computer Systems' SiteFlash use XML to create component-based structures that are used to build and operate web sites. Vertical Computer Systems is requesting a full jury trial. If VCS prevails, .NET technology implementations as we know them may completely change and Microsoft would probably have to pay out a hefty sum."
Re:And you wonder (Score:4, Informative)
They are not obliged, as you say, to patent trivial things. It is a clear business decision to take advantage of a terrible system
Complex is the key word (Score:3, Informative)
Luckily everything I do is pretty simple. I guess complex would apply to
Re:Does this affect Mono? (Score:3, Informative)
I assume from the description that this is referring to XAML, which is a format for expressing an arbitrary heirarchy of objects usually GUI controls in XML. This was introduced in .NET Framework 3 as part of the new Windows Presentation Foundation. The Olive project [mono-project.com] over at Mono is aiming to implement this new stuff, and reportedly does have a XAML implementation, but they don't yet have any completed implementations of the GUI widgets XAML is usually used for.
So I guess the answer is "maybe". :)
Re:Mono? (Score:3, Informative)
Some basic background information (Score:5, Informative)
Claim 1. A method for generating a computer application on a host system in an arbitrary object framework that separates a content of said computer application, a form of said computer application and a functionality of said computer application, said method comprising: creating arbitrary objects with corresponding arbitrary names of various object types for generating said content of said computer application, said form of said computer application, and said functionality of said computer application; managing said arbitrary objects in an object library; and deploying said arbitrary objects from said object library into a design framework to create said computer application.
This grants the patent owner all rights to royalties to a system that any third party brings to the market within the time frame of validity of this patent, and that uses this method.
In technical terms it is obvious; and probably anticipated a few hundred times. In legal terms this is different. As patent examiner you'll find yourself in a quagmire: you may have prior art for the concept, but not for the wording. I agree, that anticipating the concept should be enough. But the vultures of lawyers will pull you apart within minutes, and the chambers and courts of appeal will usually folllow (and your bosses rebuke your rejection of the application). You will be asked for a document to anticipate the wording, and that might not exist.
Only in high-profile cases will the parties drill down to the concepts. Why ? Because that is very costly, and if nobody forks out these costs, the average examiner will have to grant.
Of course, the wording is overly broad. But try to cite a 'library' against it: would it be a 'object library' ? Is pulling in a function ('printf') pulling in a function of a 'object library' when C is doubtlessly not object oriented ? Let us continue with the 'object framework'; more so one that separates: content - form - functionality. Where in the 'prior art' cited here can we make out 'various object types' (not one, that is !). How do you anticipate the 'managing
FYI: All this would have to be anticipated in a (usually) single document, before October 1, 1999.
No, I am not all trying to defend the vultures of applicants. This patent ought to never have been granted.
But one should keep the following in mind as well: The USPTO was never willing to grant software patents, actually refused to do so, but was - in the 1981 case of Diamond v. Diehr - forced to do so by the U.S. Supreme Court. It was not the - then - P.T.O. that started the insanity. It wasn't your House of Representatives or the Senate. Though the House would be very much encouraged to change the legal framework
Re:How long until... (Score:5, Informative)
Their last 10-K contained a couple of zingers.
"As of the date of the filing of this Report, the Company does not have sufficient funds available to fund its operations, invest in additional resources for growth and repay its debt obligations. Therefore, the Company needs to raise additional funds through selling securities, obtaining loans or increase sales. The Company's inability to raise such funds or renegotiate the terms of its existing debt will significantly jeopardize its ability to continue operations."
"The Company has incurred significant losses from operations for the year ended December 31, 2006. In addition, the Company had a working capital deficit of approximately $10.3 million at December 31, 2006. The foregoing raises substantial doubt about the Company's ability to continue as a going concern. Management's plans include seeking additional capital and/or debt financing. There is no guarantee that additional capital and/or debt financing will be available when and to the extent required, or that if available, it will be on terms acceptable to the Company. The accompanying financial statements do not include any adjustments that might result from the outcome of this uncertainty. Our auditors have included a going-concern paragraph to their audit report."
The entire 10-K makes for interesting reading.
See http://yahoo.brand.edgar-online.com/fetchFilingFr
Re:How long until... (Score:5, Informative)
Slashdot is based in the US, but it has readership from around the world. Feel free to bitch about actual grammatical or stylistic errors (such as the over-abundance of parenthetical clauses in this post), but don't expect anyone to take you seriously if you try to tell everyone that they have to use your dialect.
Re:Sounds like a patent on the MCV pattern? (Score:4, Informative)
A method for generating a computer application on a host system in an arbitrary object framework that separates a content of said computer application, a form of said computer application and a functionality of said computer application, said method comprising: creating arbitrary objects with corresponding arbitrary names of various object types for generating said content of said computer application, said form of said computer application, and said functionality of said computer application; managing said arbitrary objects in an object library; and deploying said arbitrary objects from said object library into a design framework to create said computer application. (emphasis mine)
What they've patented is the use of "design mode" with a "toolbox" of object types, in the specific way that visual studio does it.
Not anywhere near a billion (Score:5, Informative)
Re:Does this affect Mono? (Score:4, Informative)
Re:how2blow one's credibility with a single letter (Score:2, Informative)