lack of subject matter jurisdiction

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 plaintiffs Vertigo Media, Inc. and Remote Media LLC’s motion for preliminary injunction in their action against defendant Earbuds Inc. claiming infringement of several claims of

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.


Continue Reading JUDGE FARNAN DISMISSES MICROSOFT’S COMPLAINT BASED ON LACK OF SUBJECT MATTER JURISDICTION