Microsoft faces lawsuit over Silverlight

Microsoft's latest legal headache is a suit from a little-known company called Gotuit Media, which charges elements of Silverlight infringe on the video metadata company's patented technology.

In a suit filed July 2 in San Francisco Federal Court, Gotuit charges Silverlight infringes on several of its patents and seeks an injunction against the software maker as well as damages and attorney's fees.

Microsoft plans to use Silverlight to allow visitors to NBCOlympics.com to watch multiple events at the same time, as well as view streaming commentary. Gotuit cited these plans as part of its patent infringement suit.

(Credit: Dan Farber/CNET News.com )

Gotuit may be a relative unknown, but Microsoft is facing an opponent it knows quite well. Gotuit is represented by San Francisco-based lawyer Spencer Hosie, the same Hosie that successfully represented Burst.com in its .

Hosie declined to comment on the Gotuit case.

Of note, Gotuit, in its complaint, mentions specifically Microsoft's plans to use Silverlight in conjunction with video metadata as part of its powering of the NBCOlympics.com Web site. Silverlight is Microsoft's rival to Adobe's Flash for Web video, among other uses.

Microsoft spokesman David Bowermaster said the company had yet to be served in the case, "so we're not in a position to comment."

Gotuit has a range of products used by customers like Lifetime television to make it easier to search and navigate through online video.

[someguy999]

another great example of a bad patent issues by our retarded patent system. our office should nullify metadata patents which have become ubiquitous... once something truly becomes ubiquitous by other means than the original patent owner clearly its lost any novelty or uniqueness (and silverlight isn't the first to have video metadata by any means) it should lose patent protection.

for example apply applied for a dual sided touch screen device/phone recently... but is it a far stretch for nintendo to make the next version of its nintendoDS which has dual touch screen into a phone?

Our patent system needs a complete overhaul.

[fredtheviking]

I am sorry, but this isn't really news. When is Microsoft not being sue for patent infrigement? Sueing for patent infrigement has become a sport of our lawyers. Microsoft by it's size and deep pockets is a favorite target.

[tekwiz4u]

Our patent system is flawed. I'm tired of seeing companies suing everyone just because they thought of an idea first. Why do they think they're the only ones 'Entitled' to it. Don't you think someone will eventually come up with the same idea thats not on your payroll? Patents DO NOTHING but stifile innovation.

Not a fan of MS. I just keep reading 'patent infringements' cases on the news and I think its getting way out of control.

[gerrrg]

Either we award people for 'ideas', or we award people for 'innovative products' that have been either prototyped and in the process of being turned into working products, or actual working products. I have always been resentful of patent trolls that do not actually contribute to the creation of actual products, but instead live off of the work of others. It doesn't take nearly as much time and expertise to create a working product than it takes to think up an idea.

To be fair, it may be in this case that the patent holder has already implemented their ideas, and wish to capitalize on their work product.

[dswatik]

I agree with what everyone said so far... I think these patent suits are just plain down right stupid ... first off why all of a sudden out of the blue does this company come out of the wood work... Silverlight has been around now for almost a year ... and in development for well over that.. why did they notice it infringes all of a sudden...

Another example of lawyers bad advice in a get rich quick scheme

[someguy999]

I completely agree. silverlight is nearly on V2 and only now they're complaining?

I have the same complaint of psystar... although their probably legally correct... with all ofthe commotion around psystar for over a year now... why is apple only now attempting to defent their patent?

all of these companies "I have a patent and I didn't care enough to try and defend it until now?" total BS... I get if some small unknown company doesn't know about some other small unknown company, but not when we're talking about the likes of Apple and MS...

[groink_hi]

Corrections. First, Psystar only started selling Mac OS X-based PCs in April 2008. Obviously you've never done research in a law firm, or litigated in any courtroom or even mock trials. It takes MONTHS of preparation before filing any lawsuit. The attorneys must first study existing laws to see if they can apply any of them to their complaint. Then, they must study whether the complaint along with the applied laws are strong enough (i.e. you do not want to file a complaint and then find out the case is weak and un-winnable.) Second, there is no law that states a statue of limitations in matters like these. There are, however precedences where if you let party A, B and C get away with it, you can't go out and sue party D. In this case, Gotuit Media not only uses the technology it patented (i.e. cannot label Gotui patent squarters), but until we read the file complaint, Microsoft could very well be the first party to infringe on the patent (i.e. possibly Adobe Systems did not with its Flash technology.)

[jemiller0]

The patent system allows the patenting of living organisms and genes. That right there should tell you how screwed up it is. Check out the documentary The Future of Food sometime. It talks about genetically modified food (you've been eating it for probably at least 10 years and didn't know it) and how even non-modified living organisms are being patented.

[Jimmu411]

So can I patent Steve Jobs' genome, then sue him for using it???? Cease and desist???

[plbyrd]

Best comment ever.

[tjiacono]

The reason these companies wait is simple...money. If they yell too early, companies can change their design before releasing. Once the "infringement" is integrated into operating systems and apps and on customers machines it is next to impossible to say whoops and withdraw it. It's cheaper to pay than to re-design.

Patent holding companies do this for a living. Buy patents, sit on them until somebody uses it and sue the hell out of them to make money. The price of your PC and software is in large part due to paying off patents...some 20 years old.

[Sumatra-Bosch]

I'm sure Ballmer is not biting any tires over this suit.

[someguy999]

well tjiacono's point just further goes to show how much our system is messed up. Its not like Microsoft has hid and kept secret silverlight and its media aspects, it was on the front of nearly every trade mag, we're no in V2 of the project.

The whole point in what's missing in the patent scenario is a "common sense" clause. there should be a common sense clause on composite scenarios of 2 well known entities. And there should be a common sense close on protecting your patents when the whole world knows its coming and you intentionally bury your head (which you didn't really do, you just never spoke up)... its a V2 for god's sake and its MS.

do anyone really believe no one mentioned to Gotuit earlier even "hey it looks like MS is doing something similar". If you're so stupid as to intentional blind yourself, you too stupid to be awarded a patent in my book.

[fstallone]

I'm sorry, but filing a patent lawsuit takes a lot more than waking up one morning, guessing that somebody is infringing your patent and then calling your attorney. There is a great deal of investigation involved, there are attempts to reach licensing agreements, and it takes time for attorneys to prepare a strategy and file the actual suit (if it even gets to that). It also costs a lot of money, so it's not something that anyone with a patent (or even larger corporations) takes lightly.

[SirRobinOfPennsynvania]

My initial thoughts are the lawsuit is about preventing competition. Gotuit has software that serves the media industry. They should be challenged. I also believe the patent system requires an overhaul. The weapons industry has such harmony when it comes to innovation. Try telling the Chineese they violated US patent with their new missle. :)