B&I Partners Assist Microsoft In Ending Patent Case

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B&I Partners Assist Microsoft In Ending Patent Case


Partners Stacy Stitham and Peter Brann, acting as local counsel, assisted Microsoft in obtaining a dismissal with prejudice of a patent lawsuit filed in the District of Maine. While the federal lawsuit was pending, Microsoft invalidated the patent in the Patent and Trademark Office (PTO), which was then affirmed on appeal. The plaintiff sought a dismissal without prejudice of the federal lawsuit on the grounds that the pending constitutional challenge to the PTO process in the Oil States case in the Supreme Court might revive its patent. The Court agreed with Microsoft, however, that regardless of the possible outcome in the Supreme Court, the dismissal should be with prejudice.

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