Microsoft Word banned due to XML patent infringement

Microsoft Word is an integral part of Microsoft Office and is used by upwards of 500 million people around the world. However, Microsoft has effectively been banned from selling Word in the United States because of an alleged patent infringement.

In March 2007, a company called i4i filed a patent infringement against Microsoft seeking an injunction and damages. I4i is a Toronto-based technology company that owns a patent concerning how XML (Extended Markup Language) documents are read. i4i filed its patent in 1994 and had it granted in 1998. Microsoft also filed a patent concerning the technology but that wasn’t until 2004 and it was only granted earlier this week.

XML is a programming language that changes the format of word-processed documents, making them more readable across different word-processing programs. It is, quite clearly, an essential part of Microsoft Word. I4i’s lawsuit claimed Microsoft had used its patent in Word, and the company chose the U.S. District Court for the Eastern District of Texas as the place to sue due to its reputation as a haven for patent litigation.

On May 20, Judge Leonard Davis ruled in i4i’s favor and instructed Microsoft to pay i4i $200 million in damages. Microsoft refused to settle. Now, according to the Seattle PI Microsoft blog, Judge Davis ordered a permanent injunction that, in the words of i4i “prohibits Microsoft from selling or importing to the United States any Microsoft Word products that have the capability of opening .XML, .DOCX or DOCM files (XML files) containing custom XML.”

The injunction comes into force 60 days after the ruling, which means from October 12 Microsoft will no longer be able to sell Microsoft Office, which contains Word in every version. Microsoft is set to appeal and then obviously fight this ruling every step of the way.

However, it may be that an alternative solution will have to found. If the injunction is left standing then Word may have to be stripped out of Office, XML may have to stripped out of Word, or XML will have to load documents in plain text. None of which are likely to be a route Microsoft would take lightly.

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