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
Microsoft.net 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
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* 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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