No, Microsoft didn't really try to patent photons, but check out the the ironic twists described in this account of a recent US Supreme Court hearing. Here's a summary (exaggerated a bit for effect):
1. Microsoft argues that software is not patentable, therefore it is not guilty of patent infringement.
2. The US Government argues on Microsoft's behalf that software is patentable, but photons are not.

Labels: legal, Microsoft