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Trouble for FAT based Open Source?


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Microsoft FAT patents upheld

Technology allows files to be stored under certain file names in Windows

News Story by Elizabeth Montalbano

JANUARY 11, 2006 (IDG NEWS SERVICE) - The U.S. Patent and Trademark Office has upheld two Microsoft Corp. patents for technology that controls how files are stored in the Windows operating system, according to a Microsoft spokeswoman.

The patent office ruled yesterday that patents that cover the File Allocation Table (FAT) file system in Windows are valid after completing a re-examination of the patents at the request of both a public interest group and an individual, said Tricia Payer, a spokeswoman for Microsoft's public relations firm, Waggener Edstrom Inc.

Further down in the article:

Eben Moglen, a Columbia University law professor and general counsel for the Free Software Foundation, said patent re-examination, in general, is weighted in favor of patent holders because they can provide evidence to support patents to the patent office without public recourse.

"I would point out that patent re-examination in the United States is an 'ex parte' process, in which the patent holder has an unfair opportunity to communicate its supposed evidence in support of its patent to the Patent and Trademark Office without any cross-examination, review, challenge or other procedural right for the party seeking reexamination," he said. "Even the petitioner's knowledge about the patent holder's statements and evidence is limited to a terse summary provided by the patent examiner. This system is uniquely fraught with possibilities for abuse, a problem exacerbated by the patent office's recent decision to use a new 'streamlined' internal procedure for appeals like that brought by Microsoft for the reinstatement of its patent."

See the whole article here.

For a little background on the battle, see this June 20, 2004 e-Week article.

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