Sunday, January 26, 2014

Data Engine Withdraws IP Case against Microsoft

Case Filed: Oct 01, 2013

Case Closed: Jan 17, 2014

Court: Texas Eastern District Court

Judge: K. Nicole Mitchell

Case Summary:
Data Engine Technologies filed a complaint for patent infringement against Microsoft concerning violation of three patents relating to the field of computer software for instrumentation of code in order to facilitate debugging. The patents in question were: US6314558, US6643842 and US7240335, all entitled ‘Byte code instrumentation’, legally issued on Nov 06, 2001, Nov 04, 2003 and Jul 03, 2007, respectively and expire[i] by Aug 21, 2017.

The patents are currently assigned[ii] to Borland Software Corporation (source: MaxVal’s Assignment Database) and as per the complaint, Data Engine holds all right, title and interest in and to the patents.

In its court filing, Data Engine claimed that Microsoft infringes by making the software application Profiling API, which is covered by one or more claims of the ’558, ‘842 and ‘335 patents.  It also stated that Microsoft knew about the patents and cited these in their patent filings. In Data Engine’s  prayer for relief, the company asked the Court to declare "A judgment and order finding Microsoft infringement is and/or has been willful and awarding treble the amount of damages and losses sustained by Data Engine as a result of Microsoft’s infringement.”

Data Engine filed voluntary dismissal, pursuant to which the Court ordered all claims and counterclaims dismissed without prejudice. 

See 6:13-cv-00735 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

* Expected expiration date using Patent Term Estimator, use our free tool or download our free Android app on Google Play Store. 

[i] 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.
[ii] 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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