Microsoft Wins IP case over Activation Software

Case Filed: Oct 01, 2013        

       

Case Closed: May 02, 2014

Court: Delaware District Court

Judge: Sue L. Robinson

Case Summary:

Plano, Texas-based Computer Software Protection (CSP) filed a complaint against Microsoft claiming that the company has violated its patent rights. CSP alleged that Microsoft infringed upon a patent describing a system for controlling the distribution of licensed software. The patent in suit is US6460140 entitled ‘System for controlling the use of licensed software,’ originally issued on Oct 01, 2002 and expiring[i] by Dec 30, 2019. The patent is currently assigned[ii] to Starnet Communications (source: MaxVal’s Assignment Database.) CSP is the exclusive licensee of the ‘140 patent, said the court document.

The patent relates to a system allowing the software publisher to control copying of the software it licenses to preclude users from giving away "free" copies to others.

According to the complaint, Microsoft infringed one or more claims of the ‘140 patent by making, using, offering to sell, selling or importing into the United States products that utilize product activation software. The accused product cited was Microsoft Windows XP.

CSP demanded court to declare the case an exceptional and award pre and post judgment interest, costs and compulsory ongoing licensing fee.

The case is concluded as CSP filed a notice of voluntary dismissal, pursuant to which the court ordered dismissal of claims against Microsoft without prejudice.

See 1:13-cv-01638 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

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[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.

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 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 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. 

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[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.

Court Enters Judgment Favoring Microsoft over Allvoice Developments

Case Filed: Dec 20, 2010

Case Closed: Dec 23, 2013

Court: Washington Western District Court

Judge: Richard A Jones

Case Summary:

Allvoice Developments US brought a complaint against Microsoft accusing of infringing their U.S. patent US5799273 involving speech recognition interface. The patent entitled ‘Automated proofreading using interface linking recognized words to their audio data while text is being changed’ was issued on Aug 25, 1998 and expiring[i] by Sep 24, 2016. The patent is currently assigned[ii] to Allvoice (source: MaxVal’s Assignment Database).

According to the Court documents, the ‘273 patent describes systems where a computer translates the spoken words of an end user into text. The text can then be copied into a word processing or other computer application.

The complaint alleged that Microsoft has made, used, offered for sale and sold the Windows XP and Windows Vista operating systems that include software referred as the Text Services Framework (TSF). The operating systems that include TSF and its related components (the Infringing Products) are the inventions claimed in the ‘273 patent that is employed without authorization.

The Court’s claims construction found that the asserted claims of Allvoice’s ’273 patent are quite specific and require a particular implementation of speech-recognition interface that Microsoft’s accused products do not use. Later, Microsoft filed a summary judgment and the Court granted Microsoft’s motion for summary judgment of non-infringement, thereby entering Judgment in favor of defendant and against plaintiff.

See 2:10-cv-02102 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

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[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.

Microsoft, Mediastream Reach Settlement in Litigation

Case Filed: Jun 07, 2011

Case Closed: Dec 17, 2013

Court: California Northern District Court

Judge: Richard Seeborg

Case Summary:

A patent infringement suit was filed by Mediastream against Microsoft alleging the unauthorized use of two U.S patents relating to a technology for recording video onto a computer disk.  The patents involved in suit were: US7009655 and US7283172 both entitled ‘Method and system for direct recording of video information onto a disk medium and USPTO granted them in Mar 07, 2006 and Oct 16, 2007, respectively. The patents expire[i] by Jul 23, 2022 and are currently assigned[ii] to Mediastream (source: MaxVal’s Assignment Database).

The complaint alleged that Microsoft is engaged in manufacturing variety of electronic products and software applications covered by the ‘655 and ‘172 patents and claims to be a willful act of infringement.

It appears that the parties agreed to settle the case and joint stipulation of dismissal was filed. Upon consideration, the Judge signed off on the dismissal with prejudice of all claims brought by MedioStream against Microsoft in the action. Details on the settlement were not disclosed.

Mediastream also sued Acer, Apple, Sony, Dell, Gateway, Asus and few others and the cases were consolidated on the request of Mediastream. All the claims against the consol defendants were dismissed with prejudice.

See 3:11-cv-02525 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

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[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.

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.

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+ MaxVal offers Patent Assignment Alert service where subscribers receive email alerts when assignments relating to target applications, patents or entities of interest are recorded.

Court Issues Judgment Favoring Microsoft, Adobe over TriStrata Multicast Key Management Patents

Case Filed: Aug 01, 2011

Case Closed: Nov 25, 2013

Case Duration: 847 Days

Court: California Northern District Court

Judge: Jon S. Tigar

Case Summary:

Microsoft was sued by TriStrata, which develops software to secure information for computer based businesses.  The suit also included Adobe as another defendant and was filed accusing defendants’ products use the methods/processes claimed in the patents-in-suit. The patents involved in the suit were: US7257706 and US7743249 both entitled ‘Method of securing a document in a system and controlling access to the document and a seal for use in the method’ issued on Aug 14, 2007 and Jun 22, 2010, respectively. The patents expire[i] by Aug 09, 2019 and are assigned to TriStrata (as per the face page).

Martin Atalla, the founder of TriStrata is also one the inventors of the ‘706 and ‘249 patents. The patents relate to secure communications and in particular to systems and methods for multicast key management.

The complaint accused Microsoft for its distribution of Windows Server and Client products and Office applications software and Adobe for selling LiveCycle Right Management ES and Flash Media Rights Management Server software. It said defendants infringed the patents by selling products/software using methods/processes for digital information transfer as claimed in the patents-in-suit.

On Nov 15, parties agreed that the accused Microsoft and Adobe products do not infringe the ‘706 and ‘249 patents as alleged by TriStrata and filed a joint stipulation for entry of final judgment. Upon consideration of the stipulation filed, the Court signed off the final judgment on Nov 22 in favor of Microsoft and Adobe and ordered the counterclaims to be dismissed without prejudice.

See 3:11-cv-03797 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

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[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.

Microsoft, Kewazinga Settle Suit over Web Mapping Service

Case Filed: Jun 27, 2013

Case Closed: Oct 21, 2013

Court: Delaware District Court

Judge: Gregory M. Sleet

Case Summary:

Kewazinga and K Licensing (KL) claimed Microsoft's Streetside and Bing Maps violate two of its patents.  The patents in suit were: US6535226 and US6522325 both entitled ‘Navigable telepresence method and system utilizing an array of cameras’ issued on Mar 18, 2003 and Feb 18, 2003 (respectively). The patents expire[i] by Apr 01, 2019. Horrow Sports Ventures is the current assignee[ii] of the patents (source: MaxVal’s Assignment Database). As per the complaint, Kewazinga is the owner and KL is the exclusive licensee of the patents.

It is said in the Court document that Kewazinga exposed its proprietary and confidential information, including business and technological ideas, plans and strategies with high-level executives at Microsoft. Without the permission of Kewazinga, Microsoft has implemented or plans to implement certain of their proprietary and confidential ideas disclosed to Microsoft including adding navigable street-level imagery to Bing Maps. 

It alleged that Microsoft infringed the claims of the  '226 and ‘325 patents by making, having made, using, providing, selling and/or offering for sale systems and methods protected including Streetside and Bing Maps with Streetside that provide street level imagery and controls for navigating among images. Kewazinga asked the Court for judgment that the patents have been infringed, a permanent injunction preventing infringement, damages, interest on damages and legal fees.

It appears that the parties have settled the case and Kewazinga filed a notice of voluntary dismissal, pursuant to which the Court granted dismissal without prejudice, thereby closing the case.

See 1:13-cv-01147 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

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[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.

Microsoft, REC Settle Suit over Coding Method

Case Filed: Mar 31, 2011

Case Closed: Sep 25, 2013

Court: Washington Eastern District Court

Judge: James L. Robart

Case Summary:

Microsoft, Bamboo Solutions and SAP were sued by REC Software, a Virginia based company, claiming unauthorized use of its intellectual property. The patent involved in the suit was US5854936 entitled ‘Code server’, legally issued on Dec 29, 1998 to Stephen F.B. Pickett and expired^[i] by Aug 22, 2011. According to the complaint, REC is the exclusive licensee of the patent and Pickett, the President of REC is owner/assignee of the patent.

The Court document says the patent in general describes a novel technique for associating the modules of a multi-module computer program. It was alleged that defendants including Microsoft, Bamboo Solutions and SAP infringed the Pickett patent. Bamboo SharePoint Project Management Central, Microsoft’s OS supported by .NET framework including Windows 2000, Windows Server 2003, 2008, Windows Vista, XP and SAP’s NetWeaver were named as the infringing products. Plaintiff asked Court for judgment in favor declaring defendants as having infringed the patent-in-suit, preliminary and permanent enjoinment from using their patent, attorneys’ fees and other relief the Court may deem just and proper.

Bamboo Solutions was terminated from the case in 2011 without prejudice, followed by SAP with prejudice in 2012. Later in Sep 2013, parties Microsoft and REC Software filed a stipulation, upon which the Court granted and ordered all claims asserted by REC dismissed with prejudice and counterclaims dismissed without prejudice. Each party will bear their own costs and expenses.

See 2:11-cv-00554 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. 

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[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.

Microsoft, Guardian Media End Patent Dispute

Case Filed: Jun 11, 2013

Case Closed: Aug 26, 2013

Court: Texas Eastern District Court

Judge: Leonard Davis

Case Summary:

Guardian Media filed a patent infringement suit against Microsoft alleging violation of 2 patents for a digital classification control system. The patents involved in the suit were:

·        US4930158, entitled Selective video playing system

·        US4930160, entitled Automatic censorship of video programs

Both the patents were issued on May 29, 1990 and expired[i] by Sep 02, 2007 and were last assigned[ii] to Guardian Media (source: MaxVal’s Assignment Database). The company claims that its patents cover technology that give parents control over what their children watch on digital video recorders, personal computers and other devices. The complaint argued that Microsoft infringed the patents by manufacturing products/services with parental control features as claimed in the ‘158 and ‘160 patents and cited Xbox 360 with the Xbox Live Marketplace, Xbox 360 with Windows Media Extender/Windows Media Center and/or computers running Windows Media Center, Xbox 360 with the Xbox 360 HD DVD Player, Windows Media Center and/or computers running Windows Media Center as accused products or services. Guardian Media sought the Court for relief including a judgment that one or both of the patents-in-suit have been infringed, either literally or under the doctrine of equivalents, as well as damages for willful infringement.

The parties have settled the case and reached an agreement. Upon their requests for dismissal, the Court ordered Dismissal with Prejudice of all claims and counterclaims subject to the terms of settlement. Further details of the settlement were not disclosed. Each party will bear their own costs and attorneys' fees.

See 6:13-cv-00482 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

Are you looking for a tool to calculate patent terms? Try Patent Term Estimator, our free tool or download our free Android app on Google Play Store.

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[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. 

Court Issues Judgment Favoring Microsoft in Patent Dispute

Case Filed: Apr 11, 2011

Case Closed: Jul 25, 2013

Judge: Richard G. Andrews

Court: Delaware District Court

Case Summary:

Walker Digital, a Stamford based company creating applications and business solutions filed a suit against Google, Yahoo! and Microsoft for unauthorized use of its intellectual properties. The patent involved in the suit was US7801802, entitled ‘Method, system and computer program product for facilitating an auction behavior and automatic bidding in an auction’ issued on Sep 21, 2010 and expiring[i] by Mar 10, 2020. The patent is assigned to Walker Digital and Jay Walker (founder), also one of the named inventors of the patent in suit.

Walker Digital alleges that the defendants have used the patented technology for advertising and cites each company’s brand of targeted ad services including Ad words ad placement auction, Search advertising service and Advertising ad center as infringing technologies. Complaint sought judgment of infringement, money damages, permanent enjoinment from using their patents and attorneys’ fees and other relief, the Court may deem just and proper. 

In July 2012, stipulation of dismissal as to Yahoo! was filed by the parties and the Court ordered granting the dismissal. In Jul 2013, Google was terminated from the case and two days later, a final verdict was rendered (as a result of stipulation of non-infringement filed) in favor of Microsoft, ordering that the accused products do not infringe the claims asserted in the ‘802 patent. Counterclaims against Walker Digital were dismissed without prejudice. Further details of the verdict are not disclosed.

See 1:11-cv-00311 for more details. To get alerts on cases filed/closed, subscribe to our Litigation Alerts.

Are you looking for a tool to calculate patent terms? Try Patent Term Estimator, our free tool or download our free Android app on Google Play Store.  

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[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.