Microsoft Does Not Have to Pay $1.5 Billion

District Attorney - Microsoft Does Not Have to Pay .5 Billion

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According to Dallas intellectual asset attorneys and Dallas intellectual asset attorneys, the district court's ruling overturning the .5 billion verdict against Microsoft was upheld on appeal. Initially, the case complicated two patents. The patents complicated in the litigation complicated technology for compressing digital audio files into Mp3 format.

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You are probably request yourself who sued who and for what. Well, Lucent sued computer manufacturers Gateway Inc., Dell Inc. And others for patent infringement in the U.S. District Court for the Southern District of California in 2002. Agreeing to reports, the patents at issue were U.S. Patent Nos. 5,341,457 and Re 39,080, both invented by employees of At&T Bell Laboratories, Lucent's predecessor.

According to Dallas intellectual asset attorneys, Microsoft intervened in the above case, seeking a declaratory judgment of non-infringement against Lucent. Once Microsoft intervened and after a two-week jury trial in 2007, a jury found that Microsoft's Windows Media Player infringed the patents and awarded .53 billion in damages to Lucent. However, U.S. District Judge Rudi M. Brewster set aside the verdict, stating the weight of the evidence was against a seeing of infringement with respect to the '457 patent and that Lucent, by itself, lacked standing to sue over the '080 patent. Agreeing to the opinion, the '080 patent was jointly owned by At&T and a German company, Fraunhofer Gesellschaft, pursuant to a joint development agreement established in 1988. Recently, the Ninth Circuit upheld this decision. Indeed, Agreeing to reports, the court of appeals agreed with Judge Brewster's conclusion that as Fraunhofer jointly owned the '080 patent, Lucent needed the business to join it in any infringement suit enthralling the patent. Lucent's failure to do so deprived it of standing, the Federal Circuit said.

As to the '457 patent, the appeals court said Lucent did not show specific instances of direct infringement by Microsoft and relied on circumstantial evidence to show that Media Player necessarily infringed the patent.

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