In a back and forth battle that somewhat resembles a sandbox war, Microsoft has decided to fire back against Lucent’s ongoing suit over patent infringement.
At issue is the technology Microsoft is using in the Xbox 360 to decode MPEG-2 video files. Lucent says it owns the technology; Microsoft says it doesn’t.
The latest round involves a counter suit in which Microsoft is denying the allegations and asserting that Lucent didn’t disclose “prior art” when it applied to the U.S. Patent and Trademark Office. Prior art basically means acknowledging existing inventions in the area a patent is being asked for.
The counter suit also claims that Lucent infringed on some Microsoft patents.
The original dispute goes back to 2003 when Dell and Gateway were sued by Lucent over the same technology. Microsoft got into the fray because of a deal with the two companies and sued Lucent instead, asking for a non-infringement judgment.
Microsoft won, but Lucent was allowed to file the suit again, which it did not too long ago.
Some are saying should the case go to trial, Lucent might seek to gain an injunction to stop the sale of the Xbox 360, but only time will tell if that’s even a potential outcome.
In a statement this week, Microsoft Deputy General Counsel Tom Burt said the company stands by its intellectual property and its partners. He accused Lucent of choosing to litigate rather than engaging in “meaningful license negotiations.”
A spokesman for Lucent, in Murray Hill, New Jersey, declined to comment.
Mac World
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