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Suit challenges Microsoft’s ‘AutoPlay’ technology

Publish date: 20 October 2004
Issue Number: 1052
Diary: Legalbrief eLaw
Category: Patents

A US federal judge ruled against Microsoft in a patent suit challenging ‘AutoPlay’ technology that was included in recent versions of Microsoft Windows, reports CNET News.

The judge denied three Microsoft motions for summary judgment in a suit filed by TV Interactive Data (TVI), a company specialising in interactive television technology. Each motion sought to invalidate TVI patents cited in the case, on grounds of prior art and other causes. TVI had filed suit in 2002, alleging that AutoPlay technology included in every PC version of Microsoft’s operating system since Windows 95 infringes on two of its US patents. Still pending is a Microsoft motion to dismiss key claims in the suit, based on the premise that TVI patents are hardware-dependent, while Windows is a purely software product and cannot therefore directly infringe on them. The motion also seeks a ruling that any Microsoft infringement of TVI’s patents is not wilful, as the company was unaware of the TVI patents before the suit. However, TVI notes that its first patent is cited as a reference in the Microsoft patent. A hearing on that motion is set for December 17. Full CNET News report

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