Microsoft vs. AT&T – Transnational patent law

Microsoft vs. AT&T – Transnational patent law

Patent Law can be quite complex and dull but it is a fascinating exercise to delve into the details. PatentlyO blog talks about the dispute between Microsoft and AT&T on AT&T’s speech codecs patent.

The case at hand involves Microsoft’s infringement of AT&T’s speech coding technology patent. Microsoft has conceded that its software (once installed on a computer) infringes the patent in the US. However, Microsoft has fought against paying patent royalties for sale of the same software abroad.  Microsoft’s argument, spelled out in its brief, is two-fold: (1) Software cannot be a ‘component’ as required by the statute because software code is intangible; and (2) Software copies made abroad cannot be considered ‘supplied’ from the US as required by the statute because no physical particle that Microsoft exported actually became part of the finished product.