By Memorandum Order entered by the Honorable Maryellen Noreika in Vertigo Media, Inc. et al. v. Earbuds Inc., Civil Action No. 21-120-MN (D.Del. October 14, 2021), the Court denied
Continue Reading Judge Noreika Denies Plaintiff’s Motion for Preliminary Injunction in Patent Infringement Action
lack of subject matter jurisdiction
JUDGE FARNAN DISMISSES MICROSOFT’S COMPLAINT BASED ON LACK OF SUBJECT MATTER JURISDICTION
By Fox Rothschild LLP on
Judge Joseph J. Farnan, Jr. recently granted a motion filed by Defendant WebXchange Inc. (“WedXchange”) to dismiss the Complaint for Declaratory Judgment of Plaintiff Microsoft Corporation (“Microsoft”) because of lack of subject matter jurisdiction after concluding that no case or controversy existed between the parties sufficient to confer subject matter jurisdiction. I’ve attached a copy of the Court’s opinion (PDF).
By way of background, Microsoft filed its complaint seeking a declaratory judgment that its actions in connection with Microsoft MapPoint Web Services (“MapPoint”) and Microsoft Virtual Earth Web Services (“Virtual Earth”) did not infringe any of WebXchange’s patents-in-suit, and also, that the patents-in-suit were invalid and unenforceable.…