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Microsoft Petitions Supreme Court in Patent Case
Breaking Legal News |
2007/02/22 08:57
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| The US Supreme Court heard oral arguments Wednesday in Microsoft Corp. v. AT&T Corp., 05-1056, where the court must decide whether Microsoft should be held liable for patent infringement in Windows software sold abroad. AT&T claimed that Microsoft allows foreign computer manufacturers to replicate master discs of its Windows software. The discs contain computer codes patented by AT&T, and AT&T argued that the process infringes their patent under a federal law prohibiting US companies from shipping "components" of products to foreign manufacturers that use them to manufacture products that infringe US patents. In July 2005 the US Court of Appeals for the Federal Circuit upheld a district court decision favoring AT&T, finding that the Windows software could be considered a "component" of a patented invention and that Microsoft "supplied" the component to overseas manufacturers. Justice Breyer expressed skepticism Wednesday about AT&T's argument, stating that it could pave the way for extensive patent infringement allegations whenever US patented products are copied overseas. Conversely, Justice Kennedy questioned the difference between the master discs supplied by Microsoft and the subsequently copied discs distributed to foreign manufacturers for installation on their computers, while Justice Alito noted that the ease of copying the discs abroad renders Microsoft's distinction "artificial." Chief Justice John Roberts, Jr. recused himself at the start of oral arguments; according to his financial disclosure form, Roberts owns between $100,001 and $250,000 worth of Microsoft stock. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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