Klarquist Wins Federal Circuit Appeal for Microsoft Against Network Commerce, Inc.

Published September 13, 2005

Klarquist has helped its longstanding client Microsoft Corporation score another victory on appeal in a patent infringement lawsuit relating to the downloading and streaming of music and video over the Internet.

The lawsuit began in 2001, when Network Commerce, Inc., filed the lawsuit in U.S. District Court in Seattle, Washington, accusing Microsoft of infringing United States Patent No. 6,073,124. Represented by Klarquist, Microsoft asked the District Court to dismiss the case on summary judgment because Microsoft’s Windows Media Player software did not infringe the ‘124 patent. In March 2003, the District Court agreed with Microsoft and dismissed the lawsuit.

Network Commerce appealed its loss to the U.S. Court of Appeals for the Federal Circuit in Washington, D.C. Following argument this past Spring, the Court of Appeals issued a favorable decision on September 8, 2005, affirming Microsoft’s victory.

Representing Microsoft in the Network Commerce case were Klarquist attorneys J. Christopher Carraway, Jared Goff, and Joseph T. Jakubek.