Federal Circuit Affirms Summary Judgment on Non-Infringement in Reiffin v. Microsoft

Published February 24, 2011

Klarquist successfully obtained summary judgment of patent invalidity as to one of Plaintiff’s patents on preemptive multithreading software. The invalidity ruling also eliminated Plaintiff’s claimed patent priority date on a second asserted patent—resulting in the Patent Office granting a reexamination request regarding the validity of the second patent. All claims of the second patent were found invalid by the Patent Office. On February 24, 2011, the Court of Appeals for the Federal Circuit affirmed the trial court’s invalidity ruling.

Read the Court’s order here.