updated 12:35 pm EDT, Fri March 19, 2010
MS told Win 7, Win Server 2008 also infringing
Microsoft suffered its second legal setback in as many days on Friday with word of a second patent lawsuit from VirnetX. The accuser hopes to expand on the $105.8 million fine against Microsoft by claiming that Windows 7 and Windows Server 2008 also infringe on the same patents for VPN networking that were the subject of the prior lawsuit. VirnetX didn't specify what it hoped for in damages but characterized the second complaint as plugging a gap that would otherwise exempt newer versions of Windows.
"This is a tactical and procedural post-trial action to ensure and protect our property rights as we proceed to final resolution with Microsoft," company chief Kendall Larsen said.
Microsoft has already said it doesn't believe the patents are valid and has planned both to appeal the original verdict as well as defend against the new case.
The second suit is potentially more damaging as it affects the company's most recent products and could lead to either ongoing royalties or a necessary change in the software, if possible, to avoid further violations of the patents. A lost appeal to i4i this year forced Microsoft to temporarily pull Office after it didn't have a patch available in time.