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Appeals Microsoft

Proskauer - Minding Your Business

Game On! Microsoft and Activision Deal is One Step Closer to Actual Reality

On January 18, 2022, Microsoft’s acquisition of Activision, one of the world’s most-valuable gaming companies, was announced. In April 2023, the United Kingdom’s Competition and Markets Authority (CMA) blocked the deal on...more

McDermott Will & Emery

Antitrust M&A Snapshot - Q4 2022

McDermott Will & Emery on

DOJ Sees First Merger Win After String of Losses - Penguin Random House’s planned acquisition of rival Simon & Schuster was blocked by Judge Florence Pan of the US District Court for the District of Columbia on November...more

Knobbe Martens

No “Automatic” Review Under O2 Micro

Knobbe Martens on

KAUFMAN v. MICROSOFT CORPORATION - Before Dyk, Reyna, and Taranto. Appeal from the District Court for the Southern District of New York - Summary:  An “automatic” method does not require all steps in the method to be...more

Eversheds Sutherland (US) LLP

Wisconsin appellate court affirms Microsoft’s sourcing of receipts 

On October 31, 2019, the Wisconsin Court of Appeals rejected the Wisconsin Department of Revenue’s (DOR) position in Wisconsin Department of Revenue v. Microsoft Corporation, Case No. 2018AP2024 that Microsoft should “look...more

Knobbe Martens

Raniere v. Microsoft Corporation

Knobbe Martens on

Federal Circuit Summaries - Before Lourie, O’Malley, and Wallach. Appeal from the United States District Court for the Northern District of Texas Summary: When a case is dismissed with prejudice for lack of standing,...more

Cozen O'Connor

Justices Hearing Microsoft Appeal Appear Mixed on Jurisdiction over Foreign-Located Communications

Cozen O'Connor on

On February 27, 2018, the Supreme Court heard arguments in In re Warrant to Search a Certain Email Account Controlled & Maintained by Microsoft Corp. (Microsoft). At issue is an unsettled question concerning the territorial...more

Akin Gump Strauss Hauer & Feld LLP

District Court Precludes Defendant from Asserting Invalidity Grounds That It Raised or Could Have Reasonably Raised in IPR...

On May 11, 2017, Magistrate Judge Roy Payne in the Eastern District of Texas recommended that patentee Biscotti’s inter partes review (IPR) estoppel motion be granted–in-part and denied-in-part....more

Patterson Belknap Webb & Tyler LLP

Digital Divide Deepens: Tech Community Backs Second Circuit in Clash with Magistrates over Reach of U.S. Warrants

The technology community took aim at a recent federal magistrate’s ruling that ordered Google Inc. to comply with search warrants seeking customer emails stored on servers abroad, calling the decision “an impermissible...more

Patterson Belknap Webb & Tyler LLP

Sharply Divided Circuit Denies Government’s En Banc Petition In Microsoft Appeal

In July 2016, the Second Circuit ruled that the Government could not employ a domestic search warrant, issued pursuant to the Stored Communications Act, 18 U.S.C. § 2703 (the “SCA”), to compel disclosure of an email account...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA) - District Court Dismisses ATS Claim Where Alleged Conduct in US Was Not Directly Linked to Injuries Claimed in Other Countries - ...more

Patterson Belknap Webb & Tyler LLP

Federal Appeals Court Set to Issue One of the Most Important Privacy Rulings in a Generation

For months, the technology and business communities have been waiting anxiously for a Federal appeals court ruling on whether American companies can be forced to turn over customer information to U.S. law enforcement when...more

Cooley LLP

Alert: Ninth Circuit Provides Guidance on RAND Licensing Obligations

Cooley LLP on

On July 30 the Court of Appeals for the Ninth Circuit issued a significant appellate decision that provides guidance regarding obligations imposed on licensors of patents that are required to comply with interoperability...more

McDermott Will & Emery

Ninth Circuit is the First Appeals Court to Rule on RAND/SEP Licensing

In a decision written by Judge Marsha S. Berzon, a three-judge panel of the U.S. Court of Appels for the Ninth Circuit affirmed a first-of-its-kind district court judgment relating to royalty rates for standard-essential...more

Morrison & Foerster LLP

What is a RAND Licensing Rate? The Ninth Circuit Weighs in.

July has just ended, and SEP and FRAND issues are in the air. On July 8, the Japan Fair Trade Commission (JFTC) sought public comments on its proposed amendments to its Guidelines for the Use of Intellectual Property under...more

McDermott Will & Emery

Patent Trial and Appeal Board Claim Construction Cannot Be Unreasonable - Microsoft Corp., v. Proxyconn, Inc.

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 (PTAB or Board) has the authority to use the broadest reasonable interpretation claim...more

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit Upholds Landmark FRAND Decision and Jury Verdict

The Ninth Circuit yesterday (July 30, 2015) issued one of the most significant appellate opinions regarding standard essential patents (SEPs) subject to commitments to license on fair, reasonable and non-discriminatory...more

Snell & Wilmer

Ninth Circuit Upholds First District Court Determination of FRAND Licensing Rate and Affirms $14.5 Million Damage Award

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The Ninth Circuit has affirmed Microsoft’s $14.5 million jury verdict against Motorola, upholding the first federal bench trial decision setting a fair, reasonable, and non-discriminatory (FRAND) licensing rate. Armed with...more

Ladas & Parry LLP

The Federal Circuit Reviews Patent Trial and Appeal Board Decisions on Inter Partes Review

Ladas & Parry LLP on

There are now three decisions of the Federal Circuit on appeals from the Patent Trial and Appeal Board (PTAB) on inter partes reviews: - In re Cuozzo Speed Technologies LLC - Belden Inc. v. Berk-Tek LLC and -...more

Cohen & Gresser LLP

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

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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

Orrick, Herrington & Sutcliffe LLP

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

Sheppard Mullin Richter & Hampton LLP

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

Carlton Fields

Ninth Circuit Reverses Order Striking Class Allegations in Microsoft Xbox Case

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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

Sheppard Mullin Richter & Hampton LLP

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

Sheppard Mullin Richter & Hampton LLP

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

Robinson & Cole LLP

Microsoft versus the Federal Government; Round Three

Robinson & Cole LLP on

Microsoft Corporation’s (Microsoft U.S.) reply brief is due this week in its appeal of The District Court for the Southern District of New York’s order to comply with the U.S. government’s warrant requiring the turnover of a...more

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