M·CAM, Inc. releases Patently Obvious™ on Microsoft Corporation’s U.S. Patent No. 5,758,258

Date:  Wed, 2011-02-09

CHARLOTTESVILLE, VA – February 9, 2011 – M·CAM, Inc. released its Patently Obvious™ report today on the patent holdings of Microsoft highlighted in Microsoft Corporation v. TiVo Inc.

On January 24, 2011, Microsoft accused TiVo, Inc. of infringement of four of its patents related to television set-top box software in two separate settings. A lawsuit in the Western District of Washington was filed concurrently with an ITC complaint seeking to prevent TiVo from importing set-top boxes and DVRs. Microsoft is accusing TiVo of using technology covered by the asserted Microsoft patents in its TiVo Premiere XL, TiVo HD and TiVo HD XL products.

These allegations are the latest barrage in an ongoing legal battle between the two companies. Microsoft was brought in as an intervenor by AT&T in an infringement case filed by TiVo in August of 2009. Microsoft was implicated in the suit as the AT&T boxes accused of infringing TiVo’s patents run Microsoft’s Mediaroom software, of which AT&T is the largest consumer. Possibly sensing a serious threat to its business, Microsoft filed a suit of its own in January of 2010, claiming TiVo’s boxes infringed on two of its patents.

Using the M·CAM DOORS™ analytic platform, an intellectual property analysis of the ”˜258 patent was conducted in order to understand its strength and defensibility in the face of prior and concurrent art innovation. The innovation space surrounding the ”˜258 patent and its patent family members was examined to determine which patent or patents may provide alternatives to or alter the value of Microsoft’s holdings.

The question stands: are Microsoft’s infringement claims against TiVo valid, or will potential weaknesses in its asserted patents backfire and injure Microsoft’s portfolio?

M·CAM’s Patently Obvious™ is a weekly report providing visibility into potentially unconsidered alternatives, including art in the public domain, to patent holdings across a variety of technology areas.

M·CAM, Inc. is a global, full-service intellectual property and rights (IP&R) and intangible asset financial services firm. We provide the technical and financial systems that allow public and private markets to use IP&R and IA for regulated transactions in banking, securities, insurance, and public innovation investment and technology procurement. From our pioneering work in creating the world’s first standards-based innovation collateralization financial products for banking and securities to our work in grassroots innovator enablement and patent quality assurance programs, M·CAM provides the mechanism to balance the interests of public and commercial sectors to support and build thriving economies.

The M·CAM Patently Obvious™ report on the Microsoft patent can be found HERE.