The Federal Circuit has upheld a May 2019 judgment of noninfringement for Microsoft in litigation brought by Improved Search LLC, a subsidiary of Quarterhill Inc. That newly upheld ruling stemmed from an August 2018 Markman order from Delaware District Judge Joseph F. Bataillon that resolved a claim construction dispute in Microsoft’s favor, which led the plaintiff to concede the issue of infringement as to both of the two asserted patents. However, the court had also declined to address a pending validity defense against the asserted patents, holding that it was precluded from doing so as a result of its ruling on infringement. Quarterhill appears poised to launch additional litigation despite this latest setback, having disclosed the acquisition of multiple new patent portfolios earlier this year.
Its patents-in-suit (6,604,101; 7,516,154) having survived a district court Alice challenge, Wi-LAN Inc.subsidiary Improved Search LLC has added a suit against Microsoft (1:16-cv-00650) to the first case in the campaign, filed in March 2015 against Verizon (AOL). The patents generally relate to returning search results (the ‘101 patent) and ads (the ‘154 patent) in a language different from the language of the query. Microsoft’s Bing Search and Bing Ads are the accused products.
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