Quoting Paul M Foster <paulf@quillandmouse.com>:
> I'm almost certain this patent was struck down. Do you have concrete
> information otherwise?
>
> Paul
Microsoft's file system patent upheld
http://news.com.com/Microsofts+file+system+patent+upheld/2100-1012_3-6025447.html
Two patents covering one of Microsoft's main Windows file-storage systems are
valid after all, federal patent examiners have decided.
The decision, announced Tuesday by the software giant, effectively ends a
two-year saga over the patents and reverses two non-final rulings--the latest
issued in October--in which the U.S. Patent and Trademark Office rejected
Microsoft's claims.
In their latest action, filed last week, the examiners concluded that the
company's File Allocation Table (FAT) file system is, in fact, "novel and
non-obvious," entitling it to patentability. Now the office is in the process
of issuing a "patent re-examination certificate," which signals the
finality of
the decision, a Microsoft representative said.
The FAT file system, a common means of storing files, was originally developed
for the DOS operating system, but has also been employed in Microsoft's
Windows
and on removable flash memory cards used in digital cameras and other devices.
Some Linux- and Unix-related products also use the system to exchange
data with
Windows.
The Patent Office agreed to re-examine two patents covering the FAT system at
the request of a little-known public interest group called the Public Patent
Foundation in April 2004.
That organization claimed there was "prior art" that proved Microsoft was not
the first company to come up with the file format.
It also voiced concern that Microsoft would try to seek royalties from
companies
that sell and support Linux for using the technology, potentially posing a
threat to the free software community. Under the terms of the Free Software
Foundation's General Public License, Linux cannot be distributed if it
contains
patented technology that requires royalty payments.
Microsoft indicated in the past that it would license the file format. In
December 2003, it said it had struck such a deal with flash memory
vendor Lexar
Media.
The Patent Office's final decision followed several non-binding decisions that
were unfavorable to Microsoft. After issuing its preliminary rejection of the
patents in September 2004, examiners handed down a similar decision about a
year later.
All along, Microsoft voiced confidence that the patents would be upheld. David
Kaefer, the company's director of business development, said Tuesday that the
company was "very pleased" with the office's final decision. "This result
underscores the validity of these patents but also the importance of allowing
third parties to request re-examinations," he said in a statement.
Public Patent Foundation President Dan Ravicher said his organization
disagreed
with the Patent Office's conclusions and offered a broader critique.
"Microsoft has won a debate where they were the only party allowed to
speak, in
that the patent re-examination process bars the public from rebutting
arguments
made by Microsoft," he told CNET News.com. "We still believe these patents are
invalid and that a process that gave the public equal time to present its
positions would result in them being found as such."
CNET News.com's Ina Fried contributed to this report.
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