Patent Law

Xboxed

By Gary Odom and Jordan Kuhn

Two years ago, Paltalk sued Microsoft for infringing 5,822,523, which claims group messaging. Xbox Live, Microsoft's online gaming service, is accused. Following claim construction, Microsoft sought summary judgment of invalidity based on prior art. Paltalk retorted that Microsoft was pitching piss-poor art. Yesterday, district court Judge Folsom (ED Texas) agreed, finding that a reasonable jury would be skeptical about the prior art, and "even if the evidence before the court was sufficient to prove anticipation, this court would still deny Microsoft's motion as that evidence is not sufficiently corroborated by reliable documentary or physical evidence." Game on.

Full post as published by The Patent Prospector on February 03, 2009 (boomark / email).