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PUBPAT Challenges Microsoft Patent


The Public Patent Foundation filed a formal request with the United States Patent and Trademark Office to revoke Microsoft Corporation's patent on the FAT File System, touted by Microsoft as being "the ubiquitous format used for interchange of media between computers, and, since the advent of inexpensive, removable flash memory, also between digital devices."  In its filing, PUBPAT submitted previously unseen prior art showing the patent, which issued in November 1996 and is not otherwise due to expire until 2013, was obvious and, as such, should have never been granted.

"Microsoft is using its control over the interchange of digital media to aid its ongoing effort to deter competition," states PUBPAT's Request for Ex Partes Reexamination of U.S. Patent No. 5,579,517.  "The ‘517 patent is causing immeasurable injury to the public by serving as a tool to enlarge Microsoft’s monopoly while also preventing competition."

Last fall, Microsoft began to demand royalty bearing lic

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Terms that the relevant purchasing public understands primarily as the common or class name for the goods or services.

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A mark is considered merely descriptive if it describes an ingredient, quality, characteristic, function, feature, purpose or use of the specified goods or services.

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