Especially the ones in the U.S. District Court for the Eastern District of Texas. The area should be occluded from the view of any patent trolls, so as to keep things on an even keel. There is something inherently unfair about the trolls knowing that they will be judged favorably in that one area of the country, when anywhere else it would be at least a crapshoot as to whether their pleas would be seen favorably.
Microsoft has been stopped in its efforts for relief again, by that little ol’ court in Texas –
Microsoft suffered another blow in the legal battle with Canadian company i4i as a US appeals court has rejected its request for a full-panel review of the verdict ($290 million in damages to be paid to i4i) given year by Judge Leonard Davis of the U.S. District Court for the Eastern District of Texas. The decision found Microsoft guilty of willfully infringing i4i patents covering a document system that relies on the XML custom formatting function.
The Redmond-based company first appealed Davis’ ruling in January but a three-judge panel rejected that request so Microsoft asked a full-panel review last month. Now that this move was halted too, the Windows developer is looking at new options to contest the $290 million fine. One possibility would be for another appeal but Microsoft could also go straight to the US Supreme Court to state its case.
It’s certainly no wonder that other nations are deliberating on whether software patents should exist, as they certainly seem to be more trouble than they are worth. Also, since programming usually seems to be a collaborative effort, it is certainly hard to ferret out the efforts of only one programmer, or one team, with the claims that no coding was ever used in another project along the way. Programmers tend to do things the same way once they see an effective method, and will not stop its use until otherwise told.
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