Sunday, December 8, 2013

Microsoft, SimpleAir End Patent Litigation over Mobile Notifications

Case Filed: Aug 08, 2013
Case Closed: Dec 02, 2013
Court: Texas Eastern District Court
Judge: Rodney Gilstrap
Case Summary:

SimpleAir, a non-practicing entity filed a patent infringement suit against Microsoft claiming that their patents covering data transmission communication systems were infringed. The patents involved in this suit are:

·        US6167426 entitled Contact alerts for unconnected users issued on Dec 26, 2000 and expiring* by Nov 14, 2017
·        US8489707 entitled System and method for transmission of data issued on Jul 16, 2013 and expiring* by Jan 14, 2017

SimpleAir has also accused Apple, RIM, Facebook and a number of others in the Eastern District of Texas of infringement of the ‘426 and ‘707 patents, as well as two other patents. The patents are currently assigned+ to SimpleAir (source: Maxal’s Assignment Database). The complaint said that Microsoft directly infringed the claims of the ‘426 and ‘707 patents by offering for sale, selling, and using the services: Lync Online, Lync Server 2010, Lync Server 2013, Xbox Live and Windows Azure Service Bus Notifications Hub including the functionality of receiving, processing, and transmitting notification messages to users of the mobile devices.
In Nov, plaintiff SimpleAir filed a joint motion for dismissal. Having considered the request, the Court ordered all claims and counterclaims dismissed with and without prejudice, respectively. Each party will bear its own attorney’s fees and costs incurred.
See 2:13-cv-00583 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

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* Expected expiration date. Patent Term Estimator is a free web-based tool that automatically calculates patent terms and expiration dates for U.S. utility patents.
+ MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded.

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