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The damages award was reversed on appeal in September , and the case was returned for a separate trial on the amount of damages. District Court, San Diego, California. Other patents said to be infringed relate to MPEG video technology, speech technology, internet technology, and other technologies.
Microsoft voluntarily joined the lawsuit in April and Alcatel was added after it acquired Lucent. After the first San Diego lawsuit was filed, Microsoft and Lucent have filed additional patent lawsuits against each other.
There is a second case in San Diego where Microsoft is asserting that Alcatel-Lucent infringes 10 of its patents, and yet another case in Texas where each alleges that the other is infringing its patents.
Certain patents at issue were:. Hall and James D. August 20, Granted: August 23, [5]. Reissue of Filed: The first part of the San Diego case involved the ' and ' audio coding patents.
Testimony was given by inventors James Johnston and Joseph Hall. Karlheinz Brandenburg , who worked with Johnston at Bell Labs. Subsequently, on August 6, the federal judge in San Diego, U.
District Judge Rudi Brewster , granted Microsoft's motions for Judgment as a matter of law JMOL and for new trial, saying that the jury's decision was not supported by the evidence. The Judge's Order [10] found that there was insufficient evidence both for Microsoft's liability and for the damages model used by Alcatel-Lucent. Alcatel-Lucent appealed the judge's decision, [11] and the Court of Appeals for the Federal Circuit heard oral arguments in July The Court of Appeals published its decision [12] on September 25, , upholding the dismissal of the case by Judge Brewster on two grounds.
The court held that Fraunhofer was a joint developer and thus co-owner of one patent, which meant that Lucent lacked standing to sue. The other patent was not infringed because Lucent failed to show that the patented algorithm was ever used by Microsoft's products. A week after the first jury verdict, on March 2, Judge Brewster granted summary judgment in the second part of the case that Microsoft had not violated Alcatel-Lucent's patents relating to speech recognition, and the case was therefore dismissed before going to trial.
Alcatel-Lucent stated that it intended to appeal. The trial in the third part of the San Diego case involved four patents. In the fourth San Diego case, the jury issued its verdict on June 2, This time both Microsoft and Lucent were asserting that the other side was infringing its patents. The jury found that Lucent did not infringe Microsoft's patents and one patent was invalid and that Microsoft's Xbox did not infringe Lucent's patent.
In November , Microsoft and Alcatel-Lucent announced they had agreed to settle of most of the patent litigation between the companies. From Wikipedia, the free encyclopedia. Retrieved September 12, Archived from the original on Retrieved April 23, Microsoft Archived at the Wayback Machine.
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