Tuesday, January 11, 2011

Microsoft Word does not infringe patent claiming user interface that is "continuously responsive to user input" even though the accused interface

"from the user’s standpoint . . . remains continuously responsive"
Defendants' motion for summary judgment of noninfringement of plaintiff's internet search patent was granted because the accused software -- Microsoft Word -- was not "continuously responsive to user input." "[E]vidence that shows that the 'routines execute very quickly . . . so from the user’s standpoint, the user interface remains continuously responsive,' [and] 'it is unlikely that a user could physically enter a character or perform an operation during the short time that it takes the query preparation routines to execute.' . . . [However] [d]efendants’ correctly point out that the issue 'is not how long these software routines take to execute,' but whether Microsoft Word is literally unresponsive during the applicable routine execution. Defendants’ evidence establishes that, while [plaintiff's] evidence fails to adequately challenge it."

Walker Digital, LLC v. Microsoft Corporation, et. al., 2-09-cv-07514 (CACD January 3, 2011, Order) (Gutierrez, J.)

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