Microsoft Loses Post Verdict Rulings in CAC Patent Infringement Case

I reported here about Microsoft's victory (by way of a favorable jury verdict finding two claims not infringed and invalid) in the Eastern District of Texas over Computer Acceleration Corp. (CAC). That case involved alleged infringement of US Pat. No. 5,933,630, entitled "Program Launch Acceleration Using Ram Cache," which is a patent held by CAC, a subsidiary of patent licensing giant, Acacia. Well, the Judge apparently just made some post-verdict rulings on some outstanding issues (1) Microsoft's claim for a declaratory judgment for invalidity based on indefiniteness; (2) Microsoft's claim for a declaratory judgment counterclaim for unenforceability based on inequitable conduct; and (3) Microsoft’s request for attorneys’ fees under 35 U.S.C. § 285. All three were denied as reported by Mike Smith of McKool Smith. Check out Mike's blog for more details on the rulings. A published order is forthcoming and I will post that as soon as we have it.

Microsoft Wins One in the ED of Texas

I used to think that juries in East Texas never met a patent they didn't like. All of that changed last Friday when word of Microsoft's victory over Computer Acceleration Corp. ("CAC") spread across the blogosphere. CAC is a subsidiary of Acacia Research Corp., which is owned by one of the largest patent licensing companies in existence. A recent SEC filing shows that Acacia subsidiaries are involved in 33 pending patent infringement cases for a variety of technologies, including vehicle magnetic brakes, user-activated Internet advertising, digital media transmission and credit card fraud protection.

The patent-in-suit in Microsoft's case, US Pat. No. 5,933,630, entitled "Program Launch Acceleration Using Ram Cache." (patent here in pdf US5933630%5B1%5D.pdf)

Interestingly enough, the inventors are both Washingtonians, Clinton L. Ballard (a registered member of the Suquamish tribe) and Timothy W. Smith, both reportedly residents of Seattle Washington.

The Jury found the claims of the '630 patent invalid. Some commentators on this case are saying the ED of Texas is not as plaintiff-friendly as some think. Mike Smith of McKool Smith reports that the win rate in the ED of Texas for this year is below the national average by almost 2/3 or 67%.