An Analysis of a Intellectual Property Court Case

Topics: Microsoft, Computer software, Operating system Pages: 3 (741 words) Published: September 10, 2012

An Analysis of A Intellectual Property Court Case
Michael Owens
Capella University


An Analysis of A Intellectual Property Court Case
AT&T owned the copyright for a certain type of software speech code included in Microsoft's Windows operating system. When Microsoft sent master versions of the software overseas, trite them, and sold the trite software, AT&T sued for copyright infringement. A company is guilty of infringement under the Patent Act if it "supplies...from the United States...apparatus of a patented invention in such manner as to vigorously encourage the combination of such components." Microsoft argued that it was not legally responsible because software code is indefinable and can not be measured a "component" of a creation and no software had been abounding from the U.S. because the copies were made overseas. The case MICROSOFT CORP. v. AT&T CORP. (No. 05-1056) 414 F. 3d 1366, reversed, will decide whether Microsoft’s accountability expand to computers made in another country when laden with Windows software copied out of the country from a master disk or electronic transmission dispatched by Microsoft from the United States. The respondent AT&T Corporation brought this copyright contravention action against petitioner Microsoft Corp., alleging so as to computers loaded with petitioner's Windows(r) operating system violates respondent's patent interrelated to digitally recorded speech. After the petitioner accepted liability as to Windows-based computers manufactured and sold in the United States, the district court held that the petitioner was also accountable for Windows-based computers manufactured and sold outside the United States. COURT CASE ANALYSIS3

According to Ginsburg, J., “It is the general rule under United States patent law that no infringement occurs when a patented product is made and sold in another country. There is an...
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