MemoryWeb LLC v. Microsoft Corporation

MemoryWeb LLC, the appellant in this case, appears to be a company that previously offered photo organizing services and has recently pivoted to a new service, PhotoFlips, as of March 2025, indicating it may operate as a Patent Assertion Entity (PAE) or Non-Practicing Entity (NPE) in the context of this litigation. MemoryWeb has been involved in other Federal Circuit appeals concerning "digital file management" patents. Microsoft Corporation, the appellee, is a global technology giant known for its software, services, and hardware, including Windows operating systems, Microsoft 365, cloud computing via Azure, and Xbox gaming systems. This case is an appeal before the Court of Appeals for the Federal Circuit, case number 24-1322, filed on February 27, 2024.

The asserted patent in this litigation is U.S. Patent No. 11,163,823. While a detailed one-line technical sketch for this specific patent was not explicitly found, MemoryWeb's other patent appeals involved patents covering "methods and apparatus for managing digital files," suggesting that patent 11,163,823 likely pertains to similar digital file management technology. The specific product, service, or technology accused of infringement by Microsoft Corporation is not explicitly identified in the available public search results for this Federal Circuit appeal. However, given MemoryWeb's apparent focus on digital file management patents, it is probable the accused products are related to Microsoft's extensive software and cloud offerings that handle digital assets.

The procedural posture of this case is an active appeal at the Court of Appeals for the Federal Circuit, which has exclusive jurisdiction over appeals in patent cases. The underlying district court case number, division, and judge for the initial infringement litigation leading to this appeal against Microsoft concerning patent 11,163,823 are not specified in the current search results. MemoryWeb has engaged in other Federal Circuit appeals that arose from patentability challenges, likely inter partes reviews (IPRs), rather than direct infringement judgments, suggesting a similar path may exist for this case. The case is notable given Microsoft's status as a major technology corporation and MemoryWeb's pattern of patent assertion, as evidenced by its involvement in multiple patent appeals concerning digital file management against other significant tech companies like Apple and challenges by entities like Unified Patents. This pattern raises questions about NPE assertion strategies within the digital content management industry.

The provided case metadata indicates that this is an active appeal case at the Court of Appeals for the Federal Circuit, captioned MemoryWeb LLC v. Microsoft Corporation, with case number 24-1322, filed on 2024-02-27, and involving patent 11163823.

However, web searches for Federal Circuit case 24-1322, MemoryWeb LLC v. Microsoft Corporation, consistently show a different defendant and a different outcome than the one specified in the prompt. Publicly available information for Federal Circuit case 24-1322 identifies the appellee/defendant as [[Samsung Electronics Co.](/litigations/by-defendant/Samsung%20Electronics%20Co.), Ltd.](/litigations/by-plaintiff/Samsung%20Electronics%20Co.%2C%20Ltd.), not Microsoft Corporation. This appeal was filed on January 4, 2024, and closed on December 19, 2025, with the Federal Circuit affirming a finding of unpatentability for U.S. Patent No. 11,163,823. This appeal stemmed from an underlying validity challenge initiated by Samsung, likely at the Patent Trial and Appeal Board (PTAB).

The search results also mention a district court case, MemoryWeb, LLC v. Samsung Electronics Co., Ltd. (Case No. 3:22-cv-03776), filed on June 27, 2022, in the Northern District of California, which involved U.S. Patent No. 11,163,823 among other patents and was dismissed with prejudice on March 9, 2026. This district court case is a separate proceeding from the Federal Circuit appeal 24-1322.

Given the explicit instruction to "Treat the case metadata in this prompt as authoritative; if web search contradicts it, prefer the metadata for party names, court, case number, and patents at issue," the information found regarding MemoryWeb LLC v. Samsung Electronics Co., Ltd. (CAFC 24-1322) cannot be used to detail the legal developments of the case MemoryWeb LLC v. Microsoft Corporation (CAFC 24-1322).

Therefore, based on the authoritative case metadata provided (MemoryWeb LLC v. Microsoft Corporation, Case number: 24-1322, Patent: 11163823), there is no publicly available information in the conducted web searches detailing the key legal developments and outcome for this specific patent infringement litigation involving Microsoft Corporation as the defendant. The searches did not yield a district court case or PTAB proceedings against Microsoft involving patent 11163823 that would lead to the specified Federal Circuit appeal.

As noted in previous sections, there is a significant discrepancy between the provided case metadata (MemoryWeb LLC v. Microsoft Corporation, Case number: 24-1322, Patent: 11163823) and publicly available information. Web searches for Federal Circuit case 24-1322 consistently identify the appellee as Samsung Electronics Co., Ltd., not Microsoft Corporation, and this appeal has already closed, affirming a finding of unpatentability for U.S. Patent No. 11,163,823.

Given the explicit instruction to prioritize the provided case metadata for party names, court, case number, and patents at issue, searches were conducted specifically for news and analysis coverage of MemoryWeb LLC v. Microsoft Corporation, Federal Circuit case 24-1322, involving U.S. Patent No. 11,163,823.

Despite comprehensive searches across various news outlets (including Reuters, Bloomberg Law, Law360, Ars Technica, The Verge, IPWatchdog, Patently-O, EFF Deeplinks, JD Supra, and general mainstream media) using terms such as the case caption, plaintiff and defendant names, and the asserted patent number, no news or analysis coverage was found for a patent litigation case titled MemoryWeb LLC v. Microsoft Corporation, Federal Circuit case 24-1322, involving U.S. Patent No. 11,163,823. The only news coverage found related to Federal Circuit case 24-1322 consistently concerns MemoryWeb LLC v. Samsung Electronics Co., Ltd., which is not the case specified in the authoritative metadata. Therefore, no press reporting on the specific case MemoryWeb LLC v. Microsoft Corporation, CAFC 24-1322, can be summarized.

The task is to identify the counsel of record for MemoryWeb LLC in the Federal Circuit case MemoryWeb LLC v. Microsoft Corporation, Case number: 24-1322, involving patent 11163823.

As noted in the previous section, there appears to be a discrepancy between the provided case metadata and publicly available information. Web searches for Federal Circuit case 24-1322 consistently identify the appellee as Samsung Electronics Co., Ltd., not Microsoft Corporation, and this appeal was closed on December 19, 2025. This appeal affirmed a finding of unpatentability for U.S. Patent No. 11,163,823.

Despite extensive searching for "MemoryWeb LLC v. Microsoft Corporation CAFC 24-1322 counsel" and "MemoryWeb LLC v. Microsoft Corporation patent litigation 11163823," no public records or news articles detailing such a case or identifying counsel for MemoryWeb LLC against Microsoft Corporation for Federal Circuit case 24-1322 were found. It is possible that the case information provided (MemoryWeb LLC v. Microsoft Corporation, Case number: 24-1322) is incorrect or refers to a sealed filing not publicly accessible, or perhaps a recently filed case where counsel appearances are not yet widely published.

Therefore, based on the current web search results, counsel of record for MemoryWeb LLC in the case MemoryWeb LLC v. Microsoft Corporation, Case number: 24-1322, cannot be identified.

As stated in the previous sections, there is a conflict between the provided case metadata and the information found through web searches. The authoritative case metadata identifies the defendant as Microsoft Corporation in Federal Circuit case 24-1322, concerning patent 11163823. However, web searches consistently indicate that Federal Circuit case 24-1322, involving patent 11163823, is MemoryWeb LLC v. Samsung Electronics Co., Ltd., which has already closed.

Given the explicit instruction to prioritize the provided case metadata for party names, the following information pertains to the hypothetical appeal MemoryWeb LLC v. Microsoft Corporation, Case number: 24-1322, Patent: 11163823, for which no specific docket or legal filings against Microsoft could be located. Therefore, it is not possible to identify the specific counsel of record who have appeared in this specific Federal Circuit appeal for Microsoft.

However, based on Microsoft's general patent litigation practices and identified in-house counsel, the following individuals are likely to be involved in overseeing or handling such a case:

Microsoft Corporation (Defendant)

• Jonathan Palmer: General Counsel and Corporate Vice President. He leads Microsoft's Corporate Legal Affairs team, which includes litigation, intellectual property, and compliance functions. Previously, he served as Deputy General Counsel and Head of Litigation.
  • Firm: Microsoft Corporation, One Microsoft Way, Redmond, WA.
  • Experience: Oversees Microsoft's global legal strategy, including patent litigation, and has a background as a litigation partner at prominent law firms.
• Lucky Vidmar: Associate General Counsel and Head of IP Litigation at Microsoft. He and his team manage Microsoft's docket of patent, trademark, copyright, and trade secret cases worldwide.
  • Firm: Microsoft Corporation, Redmond, WA.
  • Experience: Extensive experience in IP litigation, previously a partner in the IP litigation group of Hogan Lovells. Holds B.S. and M.S. degrees in Computer Science.
• Robert B. Lytle: Assistant General Counsel at Microsoft Corporation. His practice focuses on patent litigation.
  • Firm: Microsoft Corporation, Redmond, WA.
  • Experience: Formerly a partner at Howrey and a shareholder at Arnold, White & Durkee. Clerked for the Honorable J. Clifford Wallace, Chief Judge, U.S. Court of Appeals for the Ninth Circuit.

As no specific filings for MemoryWeb LLC v. Microsoft Corporation (CAFC 24-1322) could be found, it is not possible to name specific outside counsel who would appear on the docket for this particular appeal. However, Microsoft frequently engages prominent law firms for its patent litigation. For example, Jackson Walker has represented Microsoft in patent litigation in the Western District of Texas. Microsoft has also been involved in other patent litigation where firms like Susman Godfrey have acted as lead counsel for opposing parties. Without a specific docket for this case, identifying specific outside counsel is not possible. If filings were sealed or counsel hasn't appeared, that information would typically be found on the docket, which is unavailable for this specific case under the given metadata.