Trial set for February in Microsoft/Dell/Gateway case against Alcatel-Lucent

Judge Marilyn L. Huff of the Southern District of California refused to stay an upcoming trial set for February 20, 2008. The case involved allegations of patent infringement made by Alcatel-Lucent against Microsoft, Gateway, and Dell. Plaintiff Alcatel-Lucent is represented by Kirkland & Ellis LLP, while Microsoft is represented by Fish and Richardson. Gateway is represented by Howery, Dewey & Lebouf and Setlzer Caplan McMahjon Vitek. Dell is represented by Arnold & PorterLLP. Now that is a lot of lawyers. Overall, I counted 56 separate attorney appearances in this case. Should make for an interesting trial.

The patents at issue all involve video coding technology as well as patents related to a form entry system, algorithms for gesture recognition and commands to select video display modes. They are U.S. Patent Numbers 4,958,226; 4,383,272; 4,763,356; 5,347,295; and 4,439,759.

Microsoft was successful in dismissing Alcatel's claims for willful infringement of these patents, relying on the new standard for willful infringement enunciated by the Federal Circuit in Seagate.

IP 360 reports that "Lucent, which merged with Alcatel in 2006, originally sued Gateway and Dell over 12 different patents in 2003, but Microsoft stepped into the case on their behalf to file a motion for declaratory action. Lucent claimed that many of the computers made by Gateway and Dell infringed on its patents by using Microsoft programs such as Outlook and Quicken, and by applying certain types of digital display and interfacing technologies."

I'm attaching the Judge's order granting Microsoft's motion for partial summary judgment on the issue of willfulness because I think it is a good example of the current application of the new Seagate standard.
AlcatelOrderMPSJNoWillful.htm