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TiVo Takes Aim at Seven Microsoft Patents
| March 8, 2011
Over a year ago, Microsoft sued TiVo for infringement of two patents – U.S. Patent No. 6,008,803 and 6,055,314 – related to display of TV programming information and the delivery of pay video programs. In July Microsoft added five more patents to the case: U.S. Patent Nos. 5,648,824, 5,654,748, 5,677,708, 5,896,444, and 6,725,281. Yesterday TiVo replied by requesting ex parte reexamination of all seven Microsoft patents.
Last month Microsoft filed its initial claim construction brief in the District Court case. It is not yet known whether TiVo’s reexamination requests rely on Microsoft’s arguments in that brief, to assert a broad claim construction at the PTO, thereby making Microsoft’s claims more vulnerable to the prior art. Still, TiVo’s resort to reexamination is likely to complicate Microsoft’s claim construction arguments in the court case.
TiVo has also counter-claimed for declaratory judgment of invalidity and non-infringement of the seven Microsoft patents-in-suit. TiVo has also accused Microsoft of infringing its U.S. Patent No. 6,792,195 by marketing Vista® and Windows 7®.
In another case, where AT&T accuses TiVo of infringing four other patents, TiVo also requested reexamination of the patents-in-suit. Last week, the judge in that case granted TiVo’s motion to stay the case pending completion of those reexaminations. We strongly expect that TiVo will ask the judge in the Microsoft case will stay that proceeding as well.
