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Judge drops Microsoft's $1.5 billion MP3 fine

Volish lawyers earn their bacon
Tuesday, 7 August 2007, 10:40
A JURY'S DECISION to fine Microsoft $1.5 billion for infringing MP3 patent technology held by Alcatel-Lucent has been overturned by a US Judge.

Robed-but-not-wigged judge, Rudi Brewster tossed out the damages after deciding that a jury improperly ruled that Microsoft infringed on one of two patents at issue for MP3 sound technology.

He has accepted that one of the patents in the case was not actually owned by Lucent, and, in fact, the Vole had a valid licence to that particular patent through its co-owner Fraunhofer.

This is the opposite of what a jury decided in February, but Judge Brewster ruled that some of the technology in the patent was developed after Fraunhofer and AT&T signed a joint-development agreement in 1989.

This means that Fraunhofer had co-ownership rights to the patent and the right to license it to Microsoft. Lucent-Alcatel can't sue the Vole because Fraunhofer wasn't included in the original suit. As the Wall Street Sun pointed out, there could be a few appeals over this case yet. ยต

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