[citation][nom]SAL-e[/nom]Let me take a guess that the court is located in Eastern District of Texas , favorite place to file patent case. Canadian company sues Microsoft (Headquarters located in Washington)all the way in the south in Texas?! How crooked the system is! I can bet you that i4i has open office in Texas less then 1 year prior the filing the case.[/citation]I have to apologize for my speculation. I prefer the facts. So I went and did quick research. Here are the facts:
1. The trial was in Tyler, Texas and it is in Eastern District of Texas. http://www.txed.uscourts.gov/
2. I am having problem locating the office of i4i in Texas. It is most likely because it is some kind of partnership between the i4i and their lawyers in Texas. The only official corporate office of i4i is located in Toronto, Canada.
http://www.i4i.com/contact.htm
So based on my 5 year experience tracking patent cases I have my opinion formulated. I would like to dare everyone to check my statements:
1. Tyler is a small city in Texas with population about 100 000 and has no real software industry. If I remember correctly Tyler is called the Rose Capital, but don't quote me on this one. If this case was in Silicon Valley the outcome most likely would be different.
2. The i4i has created some kind of partnership (a.k.a "Shell Corporation") and transfer the patent. That way Microsoft could not deploy usual patent defense by filing counter lawsuit against i4i for violating MS patents.
3. At the beginning of the trial MS has requested to move the case in other city, but it was denied.
4. Microsoft has refused to settle the case because:
a. They believe that the patent can be invalidated or really limited in scope; and/or
b. Every reach Microsoft’s client could be sued or extorted by i4i if Microsoft doesn’t prevail at the end.
There is very clear pattern emerging:
1. Some great engineer comes with good idea, but because he has no money to start own company he is forced to use venture capital.
2. As he takes the money he is forced to sign contract that demands that his company turn in to profit in 2 years, for example, and as security he has to file a patent to protect the IP.
3. This usually is impossible and as result the original idea creator is out and the venture partner is taking over. His/she has only single purpose to recoup the money for the venture capital investors. So the patent becomes a weapon against anybody, but usually big and reach corporations like Microsoft.
That is how the patent troll is born. So, If the current patent system remain, it will destroy the US software industry and high-tech industry in general.