Submitted by A long-term patent battle between Microsoft and a California- and Singapore-based security software company known as Uniloc has found Microsoft on the winning side… again. The said battle began about six years ago when Uniloc first sued Microsoft for allegedly infringing a patent of a technology that decries piracy by way of an activation key. Microsoft was supposed to have violated the patent by integrating the technology into the Windows XP and Office products’ activation sequences that we all know and love. In short: Microsoft won the original case in 2003, Uniloc appealed and eventually won the appeal in April 2009 after many years of long and drawn out legal proceedings, and Microsoft appealed the appeal and won that appeal just recently, now not having to pay the US$388 million from the last appeal. Oh, and Uniloc already has plans to appeal.
Just wondering.. why cannot a decision be final? Appealing the appeal?
there are (many) procedural rules for appeals . . .
i believe the next appeal would have to go to the Supreme Court. however, i do not think they would consider the case as there are no Constitutional concerns.
This appeal was a federal judge overriding a state jury decision. This means the next appeal would be to the US Court of Appeals for the First Circuit. The case would then be decided by a 3 judge panel. Their decision could then be appealed to either a full 9 judge panel of the US Court of Appeals for the First Circuit or directly to the Supreme Court. If appealed to a full panel this decision could then be appealed to the Supreme Court.
At anytime the higher courts may send the case back to a lower court to be re-examined. If this happens than any decision of the lower court could than be appealed again.
The point is that this case may still live on for years.
Edited 2009-10-01 13:35 UTC
Agreed.
The only winners are the lawyers
edited:
wrong post… bad cookies… bad!
Edited 2009-09-30 22:49 UTC
A better question would be why is this exact same story told over and over again by companies that used to be Microsoft partners?
Because Microsoft takes their ideas as soon as they’ve been shared with the company?
This is exactly the same situation as the i4i case, Microsoft use external companies for their R&D.