Quote:
Originally Posted by You Need a Thneed
Wouldn't it have to be proved that Microsoft direct copied this other companies work? A patent doesn't stop someone else from doing their own research and developing their own software that does exactly the same thing.
The developers at microsoft probably had no clue that this other company even existed, why would Microsoft copy their work?
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A patent will stop you from creating something that does the same thing in the same way.
So companies are trying to write their patents so broad that it prevents anyone from doing the same thing (at least without giving them a cut via licensing). But according to the rules, patents are supposed to be specific or it will be declined. But there is such a backlog in the patent office(patent pending) that they can't do a thorough evaluation of all the patents that are submitted, so then you get things like this lawsuit.
There are a couple of thing Microsoft will now do (at least based on how many of these things seem to go). They will appeal the decision saying the patent is too broad, and even if it isn't too broad that they don't fall under it for some reason that hasn't already been brought up. They will drag this as long as they can with the hope that either prior art will be found (which means this isn't the first person so they can't hold the patent), that they will find a hole to get the case thrown out, or that they will bleed the other company so much the other company will either quit (unlikely) or come to some sort of an agreement (which will be sealed by the decision and not binding on any other party or litigant).