AfterDawn: Tech news

Microsoft denied appeal in patent case

Written by Andre Yoskowitz (Google+) @ 21 Jun 2008 21:49 User comments (18)

Microsoft denied appeal in patent case A federal judge has denied Microsoft's appeal in one of five patent cases brought against it by Alcatel-Lucent and says the software giant will have to pay $511.6 million USD in damages and interest.
In April a jury awarded Lucent $357.7 million USD and Microsoft had asked the judge to reconsider the award. Judge Marilyn L. Huff denied that request however and increased the damages payable. She said the new amount accounts for "prejudgment interest to compensate for how long it took to resolve the matter."

"We are disappointed that Judge Huff denied our request for a new trial,"
said Microsoft spokesman David Bowermaster, in an e-mailed statement. "We plan to appeal the rulings against us. We are confident that the damages award against Microsoft will not be sustained on appeal."

"We had always believed we had a strong case and are pleased that the judge agreed that the jury's thoughtful verdict was well reasoned and supported by the evidence presented during the more than monthlong trial on these two patents," said Alcatel-Lucent spokeswoman Mary Lou Ambrus in an e-mailed statement.

Alcatel-Lucent had filed five suits against Microsoft in 2003, over a plethora of different patents and has so far won most of the cases, with huge multi-million dollar damages awards as well.

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18 user comments

121.6.2008 22:29
jony218
Inactive

Does Micorsoft have the liquid capital to payoff the judgement? Why do they want to appeal so much? A few months back they had 37 billion dollars laying around to buy "yahoo.com", but now they can't payoff a measly 500 million dollars.

They should just pay it off, they where a little slow paying off the original 300 million, that the judge added an extra 200 million for his "pain and suffering" that Microsoft is making him go through.

222.6.2008 0:52

Originally posted by jony218:
Does Micorsoft have the liquid capital to payoff the judgement? Why do they want to appeal so much? A few months back they had 37 billion dollars laying around to buy "yahoo.com", but now they can't payoff a measly 500 million dollars.

They should just pay it off, they where a little slow paying off the original 300 million, that the judge added an extra 200 million for his "pain and suffering" that Microsoft is making him go through.
More like the lawyers want overtime or MS just want to prove there right and show anyone wanting to sue them they better have the balls to pay through the nose for lawyers.

322.6.2008 1:36
fgamer
Inactive

I'm tired of these people handing down such large fines on Microsoft. They need to fine allot of these other companies that monopolize the industry and price gouge consumers!

422.6.2008 7:03
OzMick
Inactive

Originally posted by fgamer:
I'm tired of these people handing down such large fines on Microsoft. They need to fine allot of these other companies that monopolize the industry and price gouge consumers!
Because Microsoft would never ever monopolize or price gouge... Please tell me you were being sarcastic. Microsoft have done their fair share of legal action, they're no angels. Guess who ends up paying for the fines? Everyone who supports Microsoft through their bloated licensing fees.

522.6.2008 9:05

Lucent just needs to go away and die. I'm sick of these paper companies that hold various patents, etc. coming from under their rock and suing the big guys, no matter who it is. That's what really makes Microsoft, Sony, etc. prices on products go up!

622.6.2008 13:08

lulz seems like microsoft employees troll this site.

722.6.2008 14:07
varnull
Inactive

Quote:
Lucent just needs to go away and die. I'm sick of these paper companies that hold various patents, etc. coming from under their rock and suing the big guys, no matter who it is. That's what really makes Microsoft, Sony, etc. prices on products go up!
FYI.. Alcatel-Lucent are a multi-billion dollar business in the telecommunications and mobile gps field, not a paper company.

The reason M$ software is so expensive is all you stupid people who continue to use closed source operating systems, paying M$ with every keystroke and tying yourself down to a business which has time and time again fallen foul of anti-competition legislation and anti-trust hearings. The only thing that is protecting the free software movement from M$ anti-competitive punitive patent suits is our vast numbers, our determination to be free and open, and the ghost of sco-unix, which holds all kinds of patents to things M$ believe they invented, but which existed while Gates was still in kindergarten!!

Quote:
lulz seems like microsoft employees troll this site.
So true, so true

822.6.2008 14:58

Quote:
The reason M$ software is so expensive is all you stupid people who continue to use closed source operating systems, paying M$ with every keystroke and tying yourself down to a business which has time and time again fallen foul of anti-competition legislation and anti-trust hearings. The only thing that is protecting the free software movement from M$ anti-competitive punitive patent suits is our vast numbers, our determination to be free and open, and the ghost of sco-unix, which holds all kinds of patents to things M$ believe they invented, but which existed while Gates was still in kindergarten!
Aren't we talking about Apple and OSX? I mean, if MS is the only closed source OS out there, then clearly they are in violation of being a monopoly. Pah-leeze. Why is it I can't go out and build my own MAC system and put OSX on it? Why is the OSX kernel closed, unlike Windows? Wasn't OSX built on Unix?

I've said it a million times, most of the people that bad mouth MS (and other giants like Sony) are the same ones using their products. If you can survive doing what you need to on a PC by using Linux and Open Source software, be my guest. There is a reason why you can't walk into a store and buy an HP with Ubuntu on it, and that's because Linux is utterly useless for the masses.

I'm in no way trashing Ubuntu, as I have ONE system built for it, but if Linux and OSX were more competitive themselves, then it wouldn't appear that MS were such a "monopoly". The only thing MS did that was suspect to antitrust, was shipping IE with Windows, which is like GM shipping cars with OnStar IMHO.

922.6.2008 15:17
OzMick
Inactive

Quote:
Aren't we talking about Apple and OSX? I mean, if MS is the only closed source OS out there, then clearly they are in violation of being a monopoly. Pah-leeze. Why is it I can't go out and build my own MAC system and put OSX on it? Why is the OSX kernel closed, unlike Windows? Wasn't OSX built on Unix?

I've said it a million times, most of the people that bad mouth MS (and other giants like Sony) are the same ones using their products. If you can survive doing what you need to on a PC by using Linux and Open Source software, be my guest. There is a reason why you can't walk into a store and buy an HP with Ubuntu on it, and that's because Linux is utterly useless for the masses.

I'm in no way trashing Ubuntu, as I have ONE system built for it, but if Linux and OSX were more competitive themselves, then it wouldn't appear that MS were such a "monopoly". The only thing MS did that was suspect to antitrust, was shipping IE with Windows, which is like GM shipping cars with OnStar IMHO.
Umm... for what its worth, the OSX kernel is actually built on BSD, what you don't get is all the proprietary eyecandy that bloats it into the pile that it is. And is available: http://sourceforge.net/projects/darwinsource/

And you can actually get OSX to run on non-Apple hardware now: http://wiki.osx86project.org/wiki/index....run_Mac_OS_X.3F

I don't have Windows at home, I am VERY happy with Linux. I know that Varnull posting on here is also completely free of Windows.

I guess you've never heard of OOXML or Novell? Some pretty dodgy MS dealings right there. OOXML appears to have been forced down ISO's throat by a great big wad of cash, and Novell was coerced into a "protection money" deal with MS for protection against "possible patent infringement". Woo, go business ethics!

1022.6.2008 15:28

SProdigy
I use their product but I refuse to pay them for it, and generally I when complain on most things I focus on specifics like the 360 being a inbred half baked easy break oven the hardware dose not make it worth the cost they want it for and the PS3 has issues from poor code to lack of devs to shty price, he WII is a glorified party game machine because of its current focus and lack of real games.

I might break down and buy me a copy of XP just because its goign to be awhile until windose 7 rolls out since vista is ME 2.0.

1122.6.2008 17:55

Originally posted by ZippyDSM:
SProdigy
I use their product but I refuse to pay them for it, and generally I when complain on most things I focus on specifics like the 360 being a inbred half baked easy break oven the hardware dose not make it worth the cost they want it for and the PS3 has issues from poor code to lack of devs to shty price, he WII is a glorified party game machine because of its current focus and lack of real games.

I might break down and buy me a copy of XP just because its goign to be awhile until windose 7 rolls out since vista is ME 2.0.
100% agree. It's a shame I have to leave my cabinet open when I play my 360, especially since it's soooo loud! Horde those copies of XP my friend, they are pulling OEM support!

1222.6.2008 18:41

Windoze 7 will be just another FISTA...prolly with more DRM and STUFF ya don't need and want! Who needs support from BiLL on XP or any other OS if ya know what you're doing!? Get your retail copy of XP and a copy of SP2.exe on a DISC for future use! How much more eye candy and DRM will be shoveled out..and what cost in CPU!? Bah! Humbug!

1322.6.2008 19:03
varnull
Inactive

JRude.. I like your style.

I steered clear of naming Apple among the "lock-in merchants" though they are just as bad as all the rest. mac-os is a heap of crap run on the wrong hardware.. I don't know why people even bother with it. Just download open or free BSD and use the real thing (if you can handle unix) instead of the closed proprietary specific hardware optimised unix that apple peddle on their over priced machines. they must be paying sco a huge amount.. apple-os was built originally on the sco implementation of unix.. and I bet they have a finger in the pie.

For the rest of the gates children.. I find it easier to strip drm and do what I want with linux than I ever could with any M$ software. I don't need 400 programs to rip a dvd, and I don't need to pay for anything, or steal it for that matter. I can even make something better if I want,without having to buy/beg/borrow/steal programs to do it.
100% of my cpu cycles are used to do things I want to do, not run antivirus and other crap all the time just to keep the faulty expensive OS protected.

Good for Alcatel-Lucent.. they have worked hard for what they have, and M$ haven't ever exactly invented much.. just stolen from and then stomped on the little guys like netscape with their monopolistic behaviour. We have a poorer world for it, with less choice and more brainwashed technology ignorant people who are lost without a video guide and a button to click. I remember when having a computer and using it required a BRAIN.. something that seems sorely lacking nowadays.
Try using something other than windows for 6 months.. and then see how crap it really is when you try using it again after using something that works! reboot,reboot,reboot,reboot..now which tab was that app running in???

Good luck to Bill and his foundation.. Nice to see a rich man attempting to put things right.. and knowing how he dives into everything he does he will have some sort of effect.

1423.6.2008 8:51

Originally posted by varnull:
100% of my cpu cycles are used to do things I want to do, not run antivirus and other crap all the time just to keep the faulty expensive OS protected...

I remember when having a computer and using it required a BRAIN.. something that seems sorely lacking nowadays.

Very true, and was exactly my point. Since Windows' kernel is exposed, we deal with more attacks on the OS (and also since it's the largest installed base.)

Of course, the whole "brain" requirement is just like anything else in society, where people are ignorant of everything. Just look at cars and the lack of maintenance, and poor driving on the roads... or, just go into a Wal-Mart and watch ignorant people with their children running around like hellions. Yes, these are the same people checking their email without antivirus, and collecting malware while surfing their porn.

They could care less about PC maintenance, or whether the HP they just bought has Windows XP, Vista, OSX, Ubuntu, Red Hat, etc. That's why MS has a "monopoly". People don't question, they just buy so they can go home and get on their porn machine and click away!

1528.6.2008 0:43

Now that the mod chips have been declared as legal in UK i am waiting for someone to come up with a chip that can be replaced in 360 and converted into a simple LOW cost PC.

BTW I still have a copy of SCO-Linux version 2.3. So I wonder what happens to all the code that was included in that version. Does it automatically become open source or what.

1613.9.2009 20:49

Originally posted by pmshah:
Now that the mod chips have been declared as legal in UK i am waiting for someone to come up with a chip that can be replaced in 360 and converted into a simple LOW cost PC.

BTW I still have a copy of SCO-Linux version 2.3. So I wonder what happens to all the code that was included in that version. Does it automatically become open source or what.
SCO went into bankruptcy court, as such i could see the source code could have been sold to one of the creditors. I would bet someone somewhere still owns the rights, unless after the bankruptcy hearing the source code was publicly announced it was moved into the public domain, which i would seriously doubt... I could be wrong but that would be my guess.

1713.9.2009 22:56

Originally posted by SProdigy:
Lucent just needs to go away and die. I'm sick of these paper companies that hold various patents, etc. coming from under their rock and suing the big guys, no matter who it is. That's what really makes Microsoft, Sony, etc. prices on products go up!
If you do not know the history of these so called "PAPER COMPANIES" I suggest you visit the following link.

http://www.fundinguniverse.com/company-h...ny-History.html

I have a Western Electric telephone instrument from 1973 which is even today fully functional without ever needing service or even cleaning. This after being dropped on to hard surface (cement mosaic tiles)over 1000 times. The voice quality is still clearer than anything you can buy on the market today.

So don't go bashing them with zero knowledge.

In my opinion M$ is no different from the street corner drug peddler who gives it out for free to get you hooked (No online activation). Then they make you pay through your nose.

1813.9.2009 23:08

Quote:
Originally posted by SProdigy:
Lucent just needs to go away and die. I'm sick of these paper companies that hold various patents, etc. coming from under their rock and suing the big guys, no matter who it is. That's what really makes Microsoft, Sony, etc. prices on products go up!
If you do not know the history of these so called "PAPER COMPANIES" I suggest you visit the following link.

http://www.fundinguniverse.com/company-h...ny-History.html

I have a Western Electric telephone instrument from 1973 which is even today fully functional without ever needing service or even cleaning. This after being dropped on to hard surface (cement mosaic tiles)over 1000 times. The voice quality is still clearer than anything you can buy on the market today.

So don't go bashing them with zero knowledge.

In my opinion M$ is no different from the street corner drug peddler who gives it out for free to get you hooked (No online activation). Then they make you pay through your nose.
And it needs to be noted you can't help it if someone sues your chips poorly...I mean how many crappy modems have Lucent chips in them?

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