Trial Court Grants Summary Judgment of Patent Invalidity in IAS v. Microsoft

Published January 3, 2008

Klarquist attorneys helped our client Microsoft Corporation prevail on summary judgment of patent invalidity in a January 3, 2008, ruling by Judge Dee Benson of the U.S. District Court for the District of Utah.

The case against Microsoft was filed in the District of Utah in February 2006 by International Automated Systems, Inc. (IAS). IAS alleged that Microsoft’s fingerprint readers infringed the asserted patent, U.S. Patent No. 5,598,474. The Court later consolidated the case against Microsoft with another case where IAS asserted the same patent against Digital Persona, Inc. IAS has also asserted the patent against IBM, Lenovo, and UPEK, Inc. in a separate case still pending in the District of Utah.

Microsoft and Digital Persona filed their motion for summary judgment of invalidity in May 2007. In granting the motion, the Court held all claims of the asserted patent invalid for failure to comply with three patentability requirements: enablement, written description, and regards as the invention.

Microsoft was represented by Microsoft attorney Isabella Fu, Klarquist attorney John D. Vandenberg, and former Klarquist attorney, Jared Goff, now with Goff Patent Law.

Digital Persona was represented by Ed Taylor and Lester Vincent of Blakely Sokoloff Taylor & Zafman, LLP.