Known as a "Markman" hearing, Friday's session will allow the judge to hear testimony from both parties on the appropriate meanings of the relevant key words used in the claims of a patent, the infringement of which is alleged by Vertical, the plaintiff.

To hold a Markman hearing in patent infringement cases has been common practice since it was determined by the U.S. Supreme Court in the 1996 case of Markman v. Westview Instruments, Inc., that the language of a patent is a matter of law for a judge to decide, not a matter of fact for a jury to decide. Magistrate Judge Charles Everingham will preside over the 1:30 p.m. hearing.

Vertical Computer Systems, based in Fort Worth, is suing Microsoft for patent infringement related to Microsoft's .Net framework for building Windows-based software.

Vertical filed suit on April 18, 2007, in U.S. District Court for the Eastern District of Texas alleging that Microsoft has infringed on its Patent No. 6,826,744 for "a system and method for generating computer applications in an arbitrary object framework," so that "each may be accessed or modified separately."

The patent — filed in 1999 and awarded in 2004 — is for Vertical's SiteFlash technology, which utilizes XML (Extensible Markup Language) to create a component-based structure to build and efficiently operate Web sites, according to the company's Web site.

The complaint says Microsoft is still willfully infringing on the patent despite Vertical having put Microsoft on notice about it on Feb. 7, 2007.

Vertical, which describes itself as a global Web services provider, is asking for a jury trial.

On July 13, 2007, Microsoft filed an answer to Vertical's complaint, alleging various defenses and counterclaims. On Aug. 2, 2007, Vertical filed a reply to Microsoft's defenses and counterclaims.

The court has set trial for March 2009.

The parties are in the process of discovery.

(end article)
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(Me: But the Markman Hearing didn't happen because Microsoft settled with VCSY.)

http://blog.seattlepi.nwsource.com/microsoft/archives/144577.asp

Todd Bishop's Microsoft Blog

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(Me: On the day of the scheduled Markman Hearing, Microsoft pledged to change their ways.)

http://www.pcworld.com/businesscenter/article/148952/microsoft_stodgy_or_innovative_its_all_about_perception.html
Microsoft: Stodgy or Innovative? It's All About Perception

Nancy Gohring, IDG News Service
Friday, July 25, 2008 12:50 PM PDT

(excerpted to make a point)

After the demo, one analyst commented to Mundie that the technology looked great but that the rest of the world doesn't get to see such demonstrations, and he urged Mundie to spread the word so that people will perceive Microsoft as the innovative company that it is, rather than as a legacy software vendor.

Mundie pledged to do just that. "That is a commitment I can make to you and to shareholders," he said. For years, he and Microsoft founder Bill Gates spent a lot of time on the road talking about Gates' vision of the future, he said. "Over the last few years, both of us got out of the habit of going out and talking about it. I think we share your observation that we haven't done a great job in recent years communicating about the tremendous things this company does."

As Mundie and others begin talking more about new innovations, however, the company runs the risk of being accused of marketing "vaporware," a criticism it has faced in the past. In fact, Microsoft has been accused of announcing its work on technologies very early as a way to discourage other companies from developing similar products in competition.

CEO Steve Ballmer assured the crowd of analysts that the company is working on streamlining its online brand and developing a single page where people can find all available Microsoft online services. The page will predominantly feature a search bar, since that's an opportunity for revenue, but it will also display content tailored for each user, he said.

(more at URL)
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(Me: And now Microsoft can link up Windows 7 with their newly named Windows 7 Server.)

http://blogs.zdnet.com/microsoft/?p=1531
August 15th, 2008
Confirmed: Microsoft to proceed directly to Windows 7 Server
Posted by Mary Jo Foley @ 3:49 pm

(also excerpted to make a point)

Microsoft’s Windows Server division has veered from its regular schedule to eliminate — at least in name — the minor “R2″ update of Windows Server 2008 that was slated to arrive in the next year or two. The result: The next version of Windows Server that Microsoft will ship will be named “Windows 7 Server.”

Just last week, I asked Microsoft about the seeming discrepancies (2009 vs. 2010) in its promised Windows Server 2008 R2 dates. At that time, company officials refused to comment. I didn’t think much of their silence, at the time, since Microsoft was busily prepping WS 2008 R2 sessions for its Tech Ed Barcelona conference in November of this year.

But this week, Microsoft officials decided to speak. And the official word is that WS 2008 R2 and Windows 7 Server are one in the same. The next release of Windows Server is Windows 7 Server and it is due, according to the new timetable, in 2010.

...late in the day on August 15, Microsoft sent me a note of clarification. Here’s is the only official comment I have so far, from a company spokeswoman:

“The company is still not yet disclosing specific release date/timing for this, but it does list 2010 as the timeframe on the roadmap page on Microsoft.com, which Ward notes in his comment. This of course is in keeping with the 2yr (minor)/4 yr (major) schedule for Server OS releases, as R2 is a minor release post Windows Server 2008.”

The change in plans leaves me with lots of questions, to none of which I’m expecting answers. (But I’m asking anyway.) My short list:

• When and why did Microsoft cancel WS 2008 R2? Or is it simply renaming WS2008 R2 in order to make it clearer that Windows 7 Server and Windows 7 client are meant to be “better together”?
• Has the Windows Server team decided against releasing any and all future R2 releases?
• Are Windows client and Windows Server teams moving away from their previously stated “major-minor” delivery pattern (with a major release of Windows followed every two years by a minor one)? And if so, why?
• Is Microsoft expecting Windows 7 Server to ship at the same time as Windows 7 client? If so, does that mean that Windows 7 Server is, in fact, likely to ship in late 2009, as Windows 7 client seems to be?

(More at URL)
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(Me: Maybe now we can all get down to business)

http://news.zdnet.co.uk/internet/0,1000000097,39460401,00.htm

Semantic web on verge of commercial viability

Tim Ferguson
Published: 12 Aug 2008 09:08 BST

Semantic web technology is on the verge of becoming commercially viable for businesses looking to develop their web capabilities.

"Semantic web has been around for a while now. A lot of work has been done on the building blocks," he explained.

There will be significant increases in the real-world application of semantic technology over the next 12 to 18 months, according to Davies, who cited examples where semantic web technology is already in use.

Microsoft is also investing in semantic web after acquiring natural language search firm Powerset for $100m (£50m) earlier in August.

(more at URL)
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(Me: And you should study to make sure you understand why this is all happening.)

http://messages.finance.yahoo.com/Stocks_%28A_to_Z%29/Stocks_V/threadview?m=tm&bn=33693&tid=8602&mid=8610&tof=5&frt=2
Ahhh yes. Movement.
16-Aug-08 12:06 pm
by portuno_diamo (Me)

The key point to remember is VCSY technology (7076521) is an infrastructure basis for knitting together data resources which are of fundamental importance to interoperability. The path is bidirectional and any resources may be applied to the transformation and transport dynamically.

The other component of VCSY technology is patent 6826744 (the patent involved in the litigation). 744 aka SiteFlash is a web based operating system (a development and execution platform) with distinct content, format and functionality fitted as arbitrary (able to mate with any other) objects.

Those two capabilities allow for building very granularly applied arbitrary objects (using 521); the kind of thing you can use to build applications including operating systems like Midori.

Once you have the operational base built, you need applications that will act as processing resources across the base platform (whatever you've decided to build).

The following acquisition by MSFT is an example of the kind of actions Microsoft and others will be doing as they populate their base operating platform. Remember the operating platform may exists as many various functional arrangements. The two patents allow for building and actuating resources as needed when needed and only in the "amount".

http://www.technologystory.com/2008/08/03/search-goes-to-work/

(more at URL)
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