BackWeb files patent infringement lawsuit against Microsoft

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Backweb, an Israeli company which creates communications acceleration software based on Push technology for the Web, intranets and extranets has filed a lawsuit against Microsoft claiming that the Microsoft Windows Update feature infringes on Backweb's 1999 patent titled Method and apparatus for transmitting and displaying information between a remote network and a local computer.

BackWeb alleges that Microsoft's Background Intelligent Transfer Service (BITS), Windows Update and other products infringe four U.S. patents owned by BackWeb, covering methods for transmitting information between a remote network and a local computer (U.S Patent No: 5,913,040 ) and distributed client-based data caching systems. The Microsoft products at issue are used regularly for Windows updates, IE, and Office applications. Additionally, the BITS product is used by other companies developing applications on Windows OS.

The full law suit including the patent details can be read below

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#1 neufuse on 24 Mar 2009 - 12:22

oh good greif.... might as well say any network technology is infringing then

#2 Rolith on 24 Mar 2009 - 12:25

They're going to have a hell of a time proving this one, as some versions of NT and other MS products had similar technology long before 99...

(1 reply) #3 FloatingFatMan on 24 Mar 2009 - 12:53

Didn't Windows 95/98 have Automatic Update, and therefore BITS, too? Pretty sure there's shedloads of prior art here...

#3.1 Slugsie on 24 Mar 2009 - 13:23

FloatingFatMan said,

Win98 had Windows Update, it wasn't in '95. So, yup, been in regular use since before the patent was granted.

(1 reply) #4 cork1958 on 24 Mar 2009 - 13:02

Man!
That nuisance Backweb is still around?

#4.1 M_Lyons10 on 24 Mar 2009 - 14:05

cork1958 said,

Sounds like you have a story... LOL

(1 reply) #5 GreyWolfSC on 24 Mar 2009 - 13:26

Strange. Patent #5913040 looks like it's a spyware/ad delivery package to me. Did they flub and sue the wrong company? BITS isn't an ad delivery service.

What is claimed is:

1. A method of presenting individualized advertisement items on a computer, said individualized advertisement items selected from a database of advertisement items stored on a network, said method comprising the steps of:...

2. The method of presenting individualized advertisement items of claim 1 wherein said presentation technique of step...

3. The method of presenting individualized advertisement items of claim 1 further comprising the step...

There's more, but I always assumed that a patent couldn't cover dissimilar claims?

EDIT: Oh, BackWeb... fail.

#5.1 Magallanes on 24 Mar 2009 - 13:40

And not to say that this patent can be invalidate claiming "prior art"

#6 M_Lyons10 on 24 Mar 2009 - 14:07

This is just bizarre. This is a big argument against the acceptance of patents on software... It's too convoluted. It's going to come to the point where you can't do anything without infringing on somesuch patent... It's absolutely ridiculous.

#7 artfuldodga on 24 Mar 2009 - 14:07

patents stifle innovation and limit consumer choice

(1 reply) #8 +NeoSpam on 24 Mar 2009 - 14:12

*Yawn*...... It truly amazes me what lengths companies will go to in order to extort money from Microsoft..... What would the business world do if suing Microsoft wasn't allowed? Commerce would crumble all over the world! :p

#8.1 Lucas on 24 Mar 2009 - 16:01

Lol, so true.

#9 C_Guy on 24 Mar 2009 - 14:32

BackWeb must be strapped for cash. In these troubling times what else can you do but try to take a piece of the Microsoft pie?

#10 Krome on 24 Mar 2009 - 14:56

I can hear people at Microsoft saying: "Bring it on!"

#11 a1kashur on 24 Mar 2009 - 15:04

Microsoft and Google are good targets for people strapped for cash. But I doubt they can get anything out of this except some popularity.

And what the hell is tag; obama lawsuit? LOL

#12 saasn on 24 Mar 2009 - 21:25

Oh great another one of these. I wounder what the next one will be, only time will tell.

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