RSSUniloc will appeal overturning of Microsoft patent verdict
By Scott M. Fulton, III | Published October 1, 2009, 12:37 PM
Attorneys for Uniloc, the independent developer whose patent for software activation was the subject of an infringement case against Microsoft, told Betanews Thursday morning they will appeal a Rhode Island district court judge's decision Monday vacating the jury's award of $388 million to Uniloc.
In a statement to Betanews, Uniloc's attorneys said the following: "We are disappointed by the decision the trial judge has made to overturn the jury's unanimous verdict in Uniloc's patent infringement case against Microsoft. We believe that the jury's verdict in April was thoughtful, well reasoned and supported by the evidence presented. Since the patent status remains unchanged, Uniloc will continue to protect its intellectual property and appeal the Judge's decision to override the jury's verdict to the US Court of Appeals. We are confident that Uniloc will ultimately prevail."
On Monday, US District Judge William Smith overturned the jury's verdict and overturned the decision in part, remanding the case to a lower court for retrial. Although Microsoft may ultimately be held accountable, Judge Smith made clear that a new jury should be made aware it may only end up owing about $18 million at best, if they adhere to the proper formula.
But the judge's immolation of the underlying theory of Microsoft's guilt may have made that finding extremely difficult for a new jury to reach, as he used Uniloc's own expert witness' testimony to demonstrate that the technology Microsoft used instead could not have violated Uniloc's patent. Quite possibly, Microsoft may have studied that patent, but implemented different methodology in order to avoid infringement. The question a new jury may have to consider is whether Microsoft violated the ideal of a patent without copying its methodology -- a theory that hasn't held water before.
Whether a new jury even gets the case, however, may depend on the outcome of Uniloc's appeal.
Lets put this into perspective
1. The appeal was the final say and Uniloc won! (read the other news reports about this subject)
2. The suit was brought in 2003 and now in 2009, the Court threw out the verdict because Microsoft wants patent reforms and the court agrees with them.
3. Microsoft claims Copyrights to the source code for Windows yet wont show you the source code.
4. Security professionals who claim that Microsoft Windows OS's contain backdoors for Government use are called tinfoil hat wearing conspiracy nutts even when they provide evidence of back doors and hidden spyware in Windows, yet Microsoft is not required to prove that these back doors do not exist and is allowed to protect this spyware by claiming that their business will be hurt if they release the source code!
5. The Government ALWAYS comes to Microsofts rescue to protect the source code to Windows because the Government would be the beneficiary of the data collected by Windows Spyware and backdoors.
6a. You cannot legally enter into an END LOSER LICENCING AGREEMENT with Microsoft products that violate a 3rd parties Patents and/or Copyrights such as Uniloc without rendering the Licence NULL AND VOID
6b. You cannot legally enter into a Licensing Agreement by fraud or deception either
I have nothing but contempt for any Court that "Requires" the public "Under penalty of Law" to use only Windows Versions approved by the NSA or at the very least, Appear to contain Spyware and back doors without even investigating these claims because they happen to be the beneficiary of said spyware!
The Court in question appears to have a very serious conflict of interests in this case because the Government would be the beneficiary of Spyware in Windows and would also benefit by keeping this information hidden from the public and keeping the source code private for that very reason.
I reject the Courts decision in overturning this verdict and I find Microsofts License "Invalid"
I further find Microsofts Copyrights to Windows Source code to be invalid untill such time that Microsoft can prove that their are no back doors and/or spyware hidden within their products!
THIS is MY final verdict!
Case Dismissed!
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|You see black helicopters too?
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|actually.. the whole black helicopter consiracy dealie was based in part, in reality. The U.N. Uses black helicopters.... whether or not there is any markings on some of these or not is yet to be proven or disproven... whether or not the UN was wantonly and illegally abducting ppl? well... lets just say that if they were i have no evidence or proof thereof.... that isnt saying they weren't - just that to the best of my knowledge, they werent
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|Stay on topic you whacky little conspiracy nutt!
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|pot kettle black
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