Microsoft sued again – this time by BackWeb over Windows Update
Microsoft’s lawyers are being kept busy at the moment. In the immediate aftermath of the Microsoft versus TomTom lawsuit and counter suit debacle (otherwise known as ‘Our lawyers are more expensive than yours’) comes another lawsuit. This time it has been served by BackWeb and concerns Windows Update.
BackWeb Technologies is an Israel-based tech company which was one of the early pioneers of pushing onto a computer. The company, which has a U.S. base in San Jose, has filed a suit with the U.S. District Court claiming Microsoft infringes on four of its long-held patents with its Windows Update and Background Intelligent Transfer Service (BITS).
According to Internet News, the suit claims that BackWeb obtained its first of the four patents in 1999, and the last in 2003. These detail how to transfer files in the background between a PC and a server, or between two PCs.
In 2001, Microsoft introduced BITS, which does exactly the same thing, transferring files, throttling transfers, and resuming file transfers if the connection is lost. All features which BackWeb claims are mentioned in the patents.
In 2007, Microsoft introduced BITS version 3.0 to Vista. Version 3.0 uses peer-to-peer technology to make the transfers, the methodology of which BackWeb alleges it detailed in one of its patents. The company claims that both Microsoft Update and Windows Update infringe upon all four of the U.S. patents listed.
BackWeb is seeking an injunction against Microsoft forcing it to stop the patent infringements, a declaration that BackWeb’s patents are valid, and monetary damages which should be tripled because Microsoft allegedly knew it was breaking existing patents when it created BITS. Amongst other things.
It certainly looks like Microsoft at least has a case to answer, but I do have to wonder why BackWeb waited this long to file a lawsuit. If the company has had patents in place since 1999 and Microsoft began infringing upon them in 2001 as it alleges, why is 2009 suddenly the right time to bring charges?
Could it be that BackWeb smells blood? After all, with all these lawsuits flying around the place, what’s one more?
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