August 09, 2007

It was announced this week that Judge Rudi Brewster of the U.S. District Court for the Southern District of California in San Diego ruled on the post-trial motions in the patent infringement case involving Alcatel-Lucent and Microsoft Corp. As reported back in February on the DDIP blog, a jury awarded Alcatel-Lucent just over $1.5 billion in damages, determining that Microsoft infringed two of the plaintiff’s MP3 digital music file standard patents, rejecting Microsoft’s argument that it had previously paid $16 million for a license for the technology from Fraunhofer Gesellschaft and that it had a right to continue to use the licensed technology in its products. According to the Yahoo! article (link below), Judge Brewster ruled that one of the two asserted patents was not infringed by Microsoft, and because Fraunhofer (a European research organization and deemed co-owner of the other patent) did not join the suit, the court did not have jurisdiction over the suit on that patent. Alcatel-Lucent has publicly announced its plans to appeal this decision.

Yahoo! Article: LINK
February 2007 DDIP Article: LINK

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Mark Reichel
Reichel IP LLC

I am a patent attorney with Reichel IP LLC, where I concentrate my practice on patent drafting and prosecution, trademarks, and general intellectual property matters. I currently focus on the preparation and prosecution of medical device and other life sciences patent applications, and being actively involved in a number of local not-for-profit organizations.

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