Microsoft

News & Analysis as of

The European Court of Justice on Enforcement of FRAND Patents: Huawei v. ZTE

The European Court of Justice (ECJ) rendered its highly anticipated ruling in Huawei v. ZTE on the enforcement of standard essential patents (SEPs) which are subject to a FRAND commitment. SEPs play a significant role in the...more

The New Cuba Reality and Your Intellectual Property

With the recent changes to the Cuba-U.S. relationship, certain aspects of the Cuban economy are opening up to U.S. companies. You may now be contemplating joining other businesses that are or will be selling or manufacturing...more

European M+A News, Summer 2015

IP Pitfalls in Tech M&A Transactions - Technology and IP-driven deals accounted for over 30 percent of M&A deal volume in Europe in 2014. This trend is bound to continue, with many deals involving strategic or financial...more

Microsoft v. Proxyconn: Lessons in Claim Construction and Amendments in IPRs

Inter partes reviews (“IPRs”) are a cheaper and faster alternative to patent litigation, instituted in 2012 by the America Invents Act. IPRs allow parties to challenge the validity of patents in the U.S. Patent and Trademark...more

Federal Circuit Reverses Unreasonable PTAB Claim Construction, Upholds Idle Free Standard for Motions to Amend

The Federal Circuit decision in Microsoft Corp. v. Proxyconn, Inc., addressed several important issues relating to post-grant patent trials conducted by the USPTO Patent Trial and Appeal Board (PTAB), including the PTAB’s...more

PTAB vs. Federal Circuit Update

To date, the Federal Circuit has weighed in on 15 PTAB decisions from inter partes review proceedings. In 3 of the 15 decisions, the Federal Circuit has issued a substantive opinion: 1) In re Cuozzo Speed Technologies –...more

Redundancy in China: Regulations and our practices

Redundancy has not been defined in any law or regulation in China so far. Article 41 of The Employment Contract Law of the People’s Republic of China provides the following sole and exhaustive four situations where employers...more

In a First, Federal Circuit Reverses PTAB Claim Construction in IPR

In only its second substantive decision on an appeal of a final inter partes review (IPR) decision, the Federal Circuit in Microsoft Corp. v. Proxyconn, Inc., signaled its willingness to engage with substantive issues of...more

Fed Circuit Reverses PTAB Decision in IPR Proceeding

On June 16, the Federal Circuit issued its first-ever reversal of a Patent Trial and Appeal Board decision in an America Invents Act post-grant proceeding. The opinion, drafted by Chief Judge Prost and joined by CAFC Judge...more

En Banc Federal Circuit Broadens What Constitutes A Means-Plus-Function Limitation (Williamson V. Citrix)

Yesterday, the Federal Circuit issued a decision in Williamson v. Citrix that includes an en banc portion that broadens the circumstances in which claim limitations may be deemed means-plus-function limitations. This appears...more

Federal Circuit Issues First Reversal & Remand of an Inter Partes Review in Microsoft Corporation v. Proxyconn, Inc. Addressing...

The Federal Circuit issued its first reversal and remand of a final decision in an inter partes review issued by the Patent Trial and Appeal Board (“PTAB”). In Microsoft Corporation v. Proxyconn, Inc., No. 14-1543, a panel...more

Federal Circuit Reverses Patent Trial and Appeal Board Claim Construction as Unreasonable

Although the U.S. Court of Appeals for the Federal Circuit has held that the U.S. Patent and Trademark Office Patent Trial and Appeal Board has the authority to use the broadest reasonable interpretation claim construction...more

Oral Argument Scheduled in Microsoft Foreign Data Demand Appeal

The U.S. Second Circuit Court of Appeals scheduled oral argument for September 9, 2015 on Microsoft’s appeal of a district court opinion upholding the validity of the U.S. government’s search warrant for customer data stored...more

Parties In Interdigital’s District Court Infringement Suits Agree To Extend Time Period To Complete FRAND And Damages-Related...

We previously reported on a scheduling order governing FRAND and damages-related discovery in InterDigital’s two patent infringement lawsuits pending in Delaware against ZTE and Nokia Inc., Nokia Corp. and Microsoft Mobile Oy...more

Motion To Join Additional Party Comes Too Late

Thynge, C.M. J. Magistrate recommends that plaintiff’s motion to amend its complaint to add infringement claims against non-party Microsoft be denied. Plaintiff sought to join Microsoft in November, 2014, which it...more

Allvoice Developments US, LLC v. Microsoft Corp. (Fed. Cir. 2015)

In August, 2009, Allvoice sued Microsoft in the Western District of Washington, alleging infringement of its U.S. Patent No. 5,799,273. In December, 2013, the District Court granted Microsoft's motion for summary judgment...more

New GAO Report on Contingent Workforce Shows 85% of Independent Contractors Are “Content with Their Employment Type”

A comprehensive government report on the contingent workforce made public two days ago revealed surprising data about independent contractors, finding that 85% of independent contractors “appeared content with their...more

Skype and Sky trademark: does the ruling of the General Court of the EU really end the dispute?

Recently, the General Court of the European Union dismissed Skype action against the decision of the Office for Harmonization in the Internal Market (OHIM) confirming that there is a likelihood of confusion between the...more

Around the Virtual World: May 4 – 8, 2015

A weekly wrap up of interesting news about virtual worlds, virtual goods, and other social media. In This Issue: - Goldman a Lead Investor in Funding Round for Bitcoin Startup Circle - Hands-on With...more

Be Mindful of Historical Usage When Licensing Microsoft Products Under SPLA

For many companies, Microsoft's SPLA is a good fit, in that it incorporates a monthly reporting mechanism, rather than an up-front license purchase, and allows hosting providers to float their usage up or down as demand for...more

Baker v. Microsoft Corporation Revisited: Video Gaming Company Seeks to Stop Class Action Plaintiffs From Shortcutting the Appeals...

We recently reported on a Ninth Circuit Court of Appeals opinion reversing a district court’s decision to strike class action allegations in a putative class action against Microsoft. Baker v. Microsoft Corp., No. 12-35946,...more

Ninth Circuit Reverses Order Striking Class Allegations in Microsoft Xbox Case

The Ninth Circuit reversed an order striking class allegations against Microsoft reasoning that the Washington district court misapplied its precedent and thereby abused its discretion. Plaintiffs alleged that a design defect...more

Baker v. Microsoft Corporation: Ninth Circuit Court of Appeals Decision in Class Action Against Video Gaming Company May Make It...

The Ninth Circuit Court of Appeals recently reversed a district court’s decision to strike the class action allegations in Baker v. Microsoft Corp., No. 12-35946, 2015 U.S. App. LEXIS 4317 (9th Cir. Mar. 18, 2015). In Baker,...more

Baker v. Microsoft Corporation: Game Companies Beware, Ninth Circuit Court of Appeals Decision May Make It More Difficult to...

A Quick Overview - The Ninth Circuit Court of Appeals recently reversed a district court’s decision to strike the class action allegations of a putative class action against Microsoft. ...more

Is Hosting Microsoft Products via Third Parties a Good Option?

Scott & Scott, LLP attorney, Christopher Barnett,, helps you answer whether hosting Microsoft products through third parties is a good option for your company....more

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