Microsoft seeks non-infringement judgment in patent suit

Microsoft has brought a  lawsuit against a number of parties, including US Philips Corporation, claiming that it has not infringed several patents.

The claim, filed on Friday, October 28, stems from a patent infringement  suit originally brought against Dell, the technology company and a Microsoft customer, in 2015.

Philips, as well as Audio MPEG, a subsidiary of licensing company Sisvel, French company TDF and audio-visual research centre Institut für Rundfunktechnik (IRT) brought the claim against Dell.

Dell was alleged to have infringed US patent numbers 5,777,992; 5,323,396; and 5,539,829 which, according to the claim against Dell, cover inventions that are essential for the implementation of MPEG standards, which cover video and audio compression.

Microsoft said it had entered into a confidential non-exclusive licensing agreement with Audio MPEG and its parent company Sisvel in 2006 covering certain US and non-US patents, including the asserted patents.

Philips, TDF and IRT are the owners of the asserted patents, and the companies granted Audio MPEG the exclusive right to license them to Microsoft, claimed the latest suit.

In the filing, Microsoft said the declaratory judgment is necessary because the defendants are involved in an infringement lawsuit against its customer “and at the centre of the infringement allegations is certain Microsoft software”.

It added: “The allegations against Microsoft’s customers constitute implied assertions of indirect infringement against Microsoft.

“The claims and references to Microsoft software have placed a cloud over Microsoft, have injured and are injuring Microsoft’s business and business relationships, and have created a concrete and immediate justiciable controversy between Microsoft and defendants.

Microsoft added that the company doesn’t believes that it, or its customers, have infringed the asserted patents because the rights under the patents are exhausted or licensed.

It is seeking a declaratory judgment that it hasn’t infringed the patents, as well as a jury trial and a declaration that the plaintiffs’ rights to the patents in the Dell action are exhausted or licensed to Dell.

Microsoft is also seeking a declaration that this case is exceptional and wants costs, attorneys’ fees and any further relief the court deems just and proper.

A Microsoft spokesperson said: "Microsoft is asking the court to confirm the scope of its licence, which we believe covers our customers.”