Microsoft, in a bid to try get one up on its rival, has filed a motion with the US Patent and Trademark Office.
It says that Apple’s latest filing and response to the company, which consists of 31 pages, violates court rules, which state that briefs must be 25 pages. Its pedantic ways also extend to the font size used with Microsoft claiming that it’s, literally, not reading the small print – because it’s too tiny.
Microsoft is kicking up this storm in a teacup as it believes the small text means that Apple can get in more grumbles against the company.
“Apple’s response brief is 31 pages, including the table of contents and table of authorities, and on information and belief, is printed in less than 11 point font” the filing says.
Microsoft “asks that Apple be given leave to file a brief that complies with the rules and does not add any new matter or arguments.”
Until Apple can get its act together and print in a size legible enough for Ballmer’s ageing eyes, “the briefing schedule on its summery judgement motion be suspended”. We can’t confirm that Microsoft’s legal documents are drafted up in Paint with Comic Sans.
The picking stems from a case filed back in January when Microsoft asked the U.S. Patent and Trademark Office to deny Apple’s 2008 trademark application for “App Store.”
In the first filing, Microsoft had a go at old Steve Jobs where it quoted him using the term “app” in a generic manner.
However, Apple fought back. It challenged Microsoft’s claim that “app” and store” are generic, descriptive terms, thereby rendering the entire phrase generic.
It also claimed that Microsoft had spent years trying to make “Windows” more than a generic word.
Looks like it’s two-all, each. The case continues in some font or another.