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7 August 2007 17:02 by Dave "Davedough" Horvath
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A federal judge in San Diego, California today reversed a jury's decision which decided two patents held by Alcatel were infringed upon by Microsoft's Windows Media Player. Both of these patents deal with how audio is converted into MP3. Alcatel sued Microsoft claiming that the technology they used was stolen by Microsoft and used within Windows Media Player. Alcatel is stating that they will appeal the decision and Microsoft replied by saying the judge's reversal was a victory for consumers.
Mary Lou Ambrus of Alcatel-Lucent stated in response to the ruling, "This reversal of the judge's own pre-trial and post-trial rulings is shocking and disturbing." Judge Rudi Brewster said that Microsoft did not breach any patent laws because they had already paid a German company $16 billion to use one of the patents in question. The judge decided that since the German company didn't directly sue Microsoft, then no infringement was committed. Additionally, the judge was unable to justify the fine associated with the lawsuit. If Alcatel-Lucent would have been successful with its lawsuit, it would have been awarded upwards of $1.5 billion. The judge stated that should they file a new claim, he would not recognize that amount of money.
Source:
BBC
Permalink to this article
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| Discuss this article! |
| ZippyDSM (AfterDawn Addict) 8 August 2007 1:01 |
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So is this a case of a IP screw up and the courts letting bigger big biz off scott free or is it a case of the lesser company bullying the bigger?
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| theridges (AfterDawn Addict) 8 August 2007 2:16 |
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Quote: Judge Rudi Brewster said that Microsoft did not breach any patent laws because they had already paid a German company $16 billion to use one of the patents in question. The judge decided that since the German company didn't directly sue Microsoft, then no infringement was committed.
from what i can get out of that...
they moreless filled the wrong lawsuit and also asked for tooo much money..
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| justme81 (Newbie) 8 August 2007 8:58 |
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What I get is MS paid a german company for the right to use their tech Then are sued by Alcatel-Lucent for useing what they paid for sounds like to me that the Alcatel-lucent in the wrong. and the judge was on Alcatel-lucents side during pre and post trial ruleings which says somthing
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| RNR1995 (Inactive) 9 August 2007 16:23 |
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Originally posted by justme81: What I get is MS paid a german company for the right to use their tech Then are sued by Alcatel-Lucent for useing what they paid for sounds like to me that the Alcatel-lucent in the wrong. and the judge was on Alcatel-lucents side during pre and post trial ruleings which says somthing
Yes but in another M$ case, M$ stated that since the patent was in the US they could fairly steal the technology overseas and the judge agreed
Can't have it both ways...unless your M$
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| Unfocused (Member) 14 August 2007 22:02 |
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Maybe this is groundbreaking. A lawsuit that Microsoft didn't have to come out of the pocket. Hasn’t had that in awhile.
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| borhan9 (AfterDawn Addict) 17 August 2007 16:54 |
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I think this was thrown out due to the fact of lack of evidence on Alcatels part and also Microsoft loves to probablly bribe as well :P
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