Trial Court Grants Summary Judgment of Patent Invalidity and Non-Infringement in Veritas v. Microsoft

Published February 20, 2008

Klarquist attorneys helped our client Microsoft Corporation win summary judgment in a patent litigation in the Western District of Washington involving the deployment and restoration of certain Microsoft Windows® operating systems. On February 20, 2008, U.S. District Judge John C. Coughenour ruled as a matter of law that the asserted patent is invalid over the prior art, and not indirectly infringed by Microsoft.

The case against Microsoft was filed in the Western District of Washington in May 2006 by Veritas Operating Corporation, a subsidiary of Symantec Corporation. Veritas asserts infringement of U.S. Patent No. 5,469,573. Microsoft moved for summary judgment that the ‘573 patent has not been indirectly infringed by Microsoft, and that the ‘573 patent is invalid over prior art products and publications. Judge Coughenour referred these motions to Special Master Gale Peterson, an expert in Patent Law. Special Master Peterson issued two lengthy reports recommending that the Court grant Microsoft’s Motions. Today, Judge Coughenour approved and adopted the Special Master’s recommendations in their entirety, and granted Microsoft’s Motions.

At the Motions hearing, Microsoft was represented by Klarquist attorneys Todd M. Siegel, James E. Geringer, and John D. Vandenberg.