Before we get a million "Adobe does this!" comments RTFA: "Microsoft applied for the patent titled "Accelerated video encoding using a graphics processing unit" in October 2004"
Far as I know no one was doing this in 2004
Still not enough information. Patent claims can change between the original filing and the version that gets granted by amending the patent application. It's done by trolls...
The practice of submarine patents was ended a few years ago, at least in the US. Check out Submarine patents on Wikipedia . The most famous of these were the machine vision Lemelson patents, which were thrown out in 2005.
I tell them to turn to the study of mathematics, for it is only there that they might escape the lusts of the flesh. -- Thomas Mann, "The Magic Mountain"