Pointwise Ventures LLC v. Microsoft Corporation

Pointwise Ventures LLC, identified as a patent assertion entity (PAE) or non-practicing entity (NPE), has initiated patent infringement litigation against Microsoft Corporation. Pointwise Ventures LLC was formed in New Mexico in November 2023 and has launched a broader campaign asserting the same patent against numerous defendants. Microsoft Corporation is a global technology operating company, well-known for its software products, cloud services, and hardware, including its Windows operating system, Microsoft Office suite, Azure cloud platform, and Bing search engine.

The core of the dispute revolves around U.S. Patent No. 8,471,812, which covers a "pointing and identification device." This technology generally relates to a device that allows a user to point at a spot and determine its absolute location, either on a screen (like a TV or computer) or in the real world, enabling interaction with objects or images to access related data. In this particular case, Pointwise Ventures LLC has accused Microsoft of infringing this patent through its visual search functionality, specifically mentioning Microsoft Bing Visual Search, and other pointing and identification device functionalities offered by Microsoft's platforms.

The case, 6:24-cv-00139, was filed on March 15, 2024, in the U.S. District Court for the Western District of Texas. While the initial assignment of judges in the Waco Division of this court, known for its patent-intensive docket and once a preferred venue for patent plaintiffs due to Judge Alan Albright's practices, has undergone changes to ensure more random distribution, Judge Jason K. Pulliam is noted in a docket entry as having granted a joint motion to stay the case. The Western District of Texas has gained a reputation as a significant venue for patent litigation, with many cases filed by NPEs. This case is notable due to Pointwise Ventures LLC's pattern of asserting the same patent in a broad litigation campaign against various technology and retail companies, including Amazon, Snap One, Lowe's, and Neiman Marcus, with several of these cases resolving through voluntary dismissals, some with prejudice and others without, often indicating early settlements. Unified Patents has also launched a public prior art search campaign for the '812 patent, seeking to identify invalidating prior art.

Pointwise Ventures LLC initiated a patent infringement lawsuit against Microsoft Corporation in the Western District of Texas on March 15, 2024, asserting infringement of U.S. Patent No. 8,471,812. The asserted patent is generally related to a "pointing and identification" device utilized through visual search tools within various platforms.

Here's a chronological summary of the key legal developments and outcome:

• 2024-03-15: Case Filing
  Pointwise Ventures LLC filed its complaint against Microsoft Corporation in the U.S. District Court for the Western District of Texas, Waco Division, alleging infringement of U.S. Patent No. 8,471,812. Pointwise Ventures LLC was formed in New Mexico on November 29, 2023, and the asserted patent was issued to Jesse C. Bunch in June 2013.

• 2024-07-31: Notice of Settlement and Motion to Stay
  Pointwise Ventures LLC filed an Unopposed Motion to Stay Case and Notice of Settlement.

• 2024-08-01: Order Granting Stay and Setting Dismissal Deadline
  The Court issued an order granting Pointwise Ventures LLC's Unopposed Motion to Stay Case and Notice of Settlement. The order directed the parties to submit a stipulation of dismissal or an agreed judgment within thirty days.

• 2024-09-03: Second Order Granting Stay
  A Text Order was entered, granting an Unopposed Joint Motion to Stay Case and indicating that all pending deadlines were stayed.

• 2024-09-12: Voluntary Dismissal
  Pointwise Ventures LLC filed a Notice of Voluntary Dismissal, effectively terminating the litigation. The case status is now listed as "Terminated".

Claim Construction (Markman) and Discovery:
Due to the early settlement and voluntary dismissal, the case did not proceed to the claim construction (Markman) stage or significant discovery milestones.

Trial Events, Verdict, and Post-Trial Motions:
No trial took place, and therefore no verdict or post-trial motions occurred.

Parallel PTAB IPR/PGR Proceedings:
As of the current date, there are no publicly available records in the USPTO's Patent Trial and Appeal Case Tracking System (P-TACTS) indicating that an Inter Partes Review (IPR) or Post-Grant Review (PGR) has been instituted or challenged for U.S. Patent No. 8,471,812.

Based on available information for Pointwise Ventures LLC v. Microsoft Corporation, case number 6:24-cv-00139 in the Texas Western District Court, Isaac Rabicoff of Rabicoff Law LLC is identified as counsel representing the plaintiff.

Here is the information on the identified counsel:

• Name: Isaac Rabicoff
• Role: Lead Counsel
• Firm: Rabicoff Law LLC
• Office Location: Chicago, Illinois
• Relevant patent litigation experience or notable past cases: Isaac Rabicoff is a highly active patent litigator and has been recognized as one of the most active attorneys representing plaintiffs in patent cases. His firm, Rabicoff Law, was among Lex Machina's top 3 law firms in 2017 for most active patent litigation. He has led licensing campaigns against major technology companies including Amazon, Apple, Google, Huawei, LG, Samsung, and Microsoft. Rabicoff has also defeated the institution of numerous post-grant review petitions, including Covered Business Method review petitions and Inter Partes review petitions. He is a registered patent attorney and has experience arguing before the Federal Circuit. Rabicoff has explicitly filed motions on behalf of Pointwise Ventures LLC in this case, 6:24-cv-00139.

As of the current search, no other counsel of record, such as local counsel or of counsel from other firms, have been explicitly identified in the provided public information for the plaintiff, Pointwise Ventures LLC, in this specific case. Filings and appearances generally available indicate Isaac Rabicoff's involvement for the plaintiff.

Microsoft Corporation was represented by in-house counsel and attorneys from several law firms in this case.

In-House Counsel for Microsoft Corporation:

• Robert B. Lytle
  • Role: Assistant General Counsel
  • Firm: Microsoft Corporation, Redmond, WA
  • Note: Focuses on patent litigation; previously a partner at Howrey and a shareholder at Arnold, White & Durkee.
• Jonathan Palmer
  • Role: General Counsel and Corporate Vice President
  • Firm: Microsoft Corporation, Redmond, WA
  • Note: Leads Microsoft's Corporate Legal Affairs team, including litigation, intellectual property, and compliance.

Outside Counsel for Microsoft Corporation:

• Norton Rose Fulbright US LLP
  • Stephanie N. DeBrow
    • Role: Counsel
    • Firm: Norton Rose Fulbright US LLP
  • John W. McBride
    • Role: Counsel
    • Firm: Norton Rose Fulbright US LLP
  • Gabriel Scott Culver
    • Role: Counsel
    • Firm: Norton Rose Fulbright US LLP

It's important to note that due to the early settlement and voluntary dismissal of the case, the full extent of Microsoft's potential litigation team, which often involves lead and local counsel from various firms, may not have been fully developed or reflected in the initial filings. Firms like Kirkland & Ellis LLP and Perkins Coie are frequently involved in high-stakes patent litigation defense, including for technology companies like Microsoft, and have a strong presence in districts known for patent cases, such as the Western District of Texas. McKool Smith is also a prominent firm in patent litigation and has represented Fortune 500 companies in the Western District of Texas. Jackson Walker is another firm with experience defending clients, including Microsoft, in the Western District of Texas, and has attorneys with considerable experience in patent infringement cases.