[DMCA-Activists] Public Patent Challenges Microsoft FAT Patent

[Seth Johnson]

> http://www.pubpat.org/Microsoft_517_Reexam.htm


PUBPAT Challenges Microsoft Patent to Protect Competition in Software
Markets

FOR IMMEDIATE RELEASE

April 15, 2004


PUBPAT challenges microsoft patent to protect competition in software
markets: Patent Office Shown New Evidence Proving FAT Technology was Obvious

NEW YORK -- The Public Patent Foundation filed a formal request with the
United States Patent and Trademark Office today to revoke Microsoft
Corporation's patent on the FAT File System, touted by Microsoft as being
"the ubiquitous format used for interchange of media between computers, and,
since the advent of inexpensive, removable flash memory, also between
digital devices."  In its filing, PUBPAT submitted previously unseen prior
art showing the patent, which issued in November 1996 and is not otherwise
due to expire until 2013, was obvious and, as such, should have never been
granted.

"Microsoft is using its control over the interchange of digital media to aid
its ongoing effort to deter competition," states PUBPAT's Request for Ex
Partes Reexamination of U.S. Patent No. 5,579,517.  "The ‘517 patent is
causing immeasurable injury to the public by serving as a tool to enlarge
Microsoft’s monopoly while also preventing competition."

Last fall, Microsoft began to demand royalty bearing licenses for the entire
portfolio of patents around the FAT File System.  However, the fact that
Microsoft has not offered licenses for use in Free and Open Source Software
has led some to speculate that Microsoft intends to use its patents to fight
the competitive threat posed by Free Software.

"We'd like to give Microsoft the benefit of the doubt and believe that they
are not adopting a strategy of foreclosing competition through the use of
dubious patents," said Dan Ravicher, PUBPAT's Executive Director and
Founder.  "Unfortunately, their past anticompetitive behavior combined with
their recent launch of a comprehensive patent assertion campaign causes us
to have serious concerns about their intentions."

Although PUBPAT's filing only directly deals with one patent, the fact that
it is the oldest of the patents in the FAT File System portfolio makes it
more likely that, once it is held invalid by the Patent Office, each of the
other patents will be viewed similarly.

"In the end, our beef is not with Microsoft per se," says Ravicher.  "It's
with our broken patent system that is completely failing to ensure only
deserving patents get issued."

The Request for Reexamination can be found at PUBPAT Activities > Protecting
the Public Domain.

Contact:

Daniel Ravicher, Executive Director, Public Patent Foundation: 212-545-5337;
address@hidden; www.pubpat.org.

About PUBPAT:

The Public Patent Foundation ("PUBPAT") is a not-for-profit legal services
organization working to protect the public from the harms caused by the
patent system.  PUBPAT provides the general public, particularly those
persons or businesses otherwise deprived of access to the system governing
patents, with representation, advocacy, and education.  To be kept informed
of PUBPAT News, subscribe to the PUBPAT News List by sending an email with
"subscribe" in the subject line to address@hidden

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