Microsoft’s Victory Against Walker Digital Affirmed

On May 24, the Federal Circuit affirmed summary judgment for Munger, Tolles & Olson client Microsoft in its long-standing patent case against Walker Digital. This ruling reaffirms the decision made in January 2011, when a Munger Tolles team won summary judgment on behalf of Microsoft, Dell and Hewlett-Packard.

Walker Digital, founded by prolific patentee Jay Walker, claimed that Microsoft’s entire Office Suite (Excel, PowerPoint, Publisher, Word, Outlook, etc.) infringed its patent titled “method and apparatus for performing supplemental searches over a network.” Mr. Walker was one of the named inventors of the patent in suit.

In its appeal, Walker Digital argued that the trial court misconstrued its patent, but the Federal Circuit disagreed, rejecting Walker Digital’s appeal and affirming the District Court’s decision that Microsoft’s software does not infringe the patent.

 Munger Tolles attorneys representing Microsoft were Gregory P. Stone, Ted Dane, Grant A. Davis-Denny and Adam R. Lawton.