A Union judge Monday efficaciously reversed a $ 1.5 billion patent - infringement accolade against Microsoft in a case demand MP3 technology .
Ruling on post - trial motion in a cause by Alcatel - Lucent SA , Judge Rudi Brewster of the U.S. District Court for the Southern District of California in San Diego say one letters patent in the case was n’t infringed by Microsoft . On the other patent , the court did n’t have jurisdiction because a Colorado - owner of the patent of invention did n’t join in the suit .
In February , a panel awarded Alcatel - Lucent $ 1.5 billion in hurt for infringement of two of its patents cut through MP3 audio technology . It was one of six causa involving a serial publication of patent disputes between the two company . Lucent Technologies had brought the suit in 2003 before it merged with Alcatel .
On Monday , Judge Brewster ruled that Microsoft had not impinge one of the two letters patent . On the other patent of invention , the evaluator found that Fraunhofer , a inquiry system based in Europe , was a co - possessor of the letters patent with Alcatel - Lucent . Because Fraunhofer did n’t join in the suit , Brewster ’s court did n’t have jurisdiction over the courting on that patent . Microsoft already licence the MP3 patents from Fraunhofer , said Microsoft spokesman Guy Esnouf .
Alcatel - Lucent said Monday it will appeal the rulings at the U.S. Court of Appeals for the Federal Circuit , in Washington , D.C.
“ This reversal of the judge ’s own pre - trial and post - trial rulings is shocking and disturbing , especially since — after a three - week trial and four days of thrifty deliberation — the panel unanimously agreed with us , and we believe their decision should fend , ” Alcatel - Lucent said in a command .
The decisions remove the damage prize , Microsoft ’s Esnouf pronounce . Even if Alcatel - Lucent wins its appeal , both the rate of the royalty and the basis for calculating it — a share of the value of a microcomputer — will be tried again , he said .
