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Microsoft faces patent suit over Bing Ads for patent


A US company has sued Microsoſt for allegedly infringing two search engine patents that a jury fined Google and AOL for infringing last year.


I/P Engine alleges Microsoſt’s Bing has breached the patents covering the way search engines filter and then place high-quality adverts, highlighting Bing’s ‘quality score’ service, which calculates the relevance of key words to potential customers.


In the suit filed on January 31 at the US District Court Southern District of New York, non-practising entity (NPE) I/P Engine has demanded a jury trial and damages for past and current alleged infringement.


I/P Engine is a subsidiary of Vringo, which employs the patents’ inventors Andrew Lang and Donald Kosak. Te men had worked with search engine Lycos when creating the inventions, which Lycos then sold to I/P Engine in 2011.


Te NPE claims Microsoſt knew of the ‘420’ patent when litigating nine of its patents and the ‘664’ patent when prosecuting 11 of its patents.


Te suit adds: “Microsoſt learned of ‘420’ and ‘664’ a second time when I/P Engine received a jury verdict


infringement against Google’s search


advertising system on November 6, 2012 in the US District Court for the Eastern District of Virginia.”


In November 2012, a US court awarded I/P Engine $30 million in damages for Google, AOL and other smaller search engines’ infringement of the same disputed patents. Te company had been seeking as much as $500 million in damages.


In the most recent case, I/P Engine alleges Microsoſt wilfully infringed both patents but has not specified the amount of damages it should receive. If a court finds in favour of wilful infringement, it can triple any damages that it awards the plaintiff.


Te dispute is likely to shed more light on the contentious behaviour of NPEs, known pejoratively as ‘patent trolls’, which license and enforce their patents but do not sell products.


On the one hand, defenders of NPEs say they are rightfully enforcing legally-granted patents. Critics argue, however, that the companies make spurious demands that lead to nuisance litigation. 


Romanian IP law firms merge


Two Romanian IP law firms, Iulia Burbea Intellectual Property & Law Office and Gabriela Milcev and Allegra Consulting


Intellectual


Property & Law Office, have merged to create Milcev Burbea Intellectual Property & Law Firm.


The firm will specialise in IP; international litigation


international trade; technology,


and arbitration; competition; and media


and telecommunications. Lawyers working at Milcev Burbea have experience in prosecuting and enforcing IP in the areas of trademarks, design and copyright.


Te founding partners, Iulia Burbea and Gabriela Milcev, have more than 10 years’ experience each. Burbea also teaches IP the University of Bucharest Law School.


Te Romanian State Office for Inventions and Trademarks is currently considering amending the trademark registration procedures in the country. 


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 www.worldipreview.com Trademarks Brands and the Internet Volume 2, Issue 1 11


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