ITC Panel to Investigate Microsoft Patent Infringement Case, No Response From Primax

By September 01, 2008

On August 28, the International Trade Commission (ITC) agreed to probe Microsoft’s complaint against Primax, a Taiwan-based electronics company, for patent infringements of its keyboard and mouse technology. The ITC is a frequent resource for businesses pursuing patent infringement cases because the commission has the power to bar the import and sale of patent-infringing devices. The complaint, filed on July 30, was made after years of attempts by Microsoft to reach a licensing agreement with Primax Electronics, created in 1984. Horacio Gutierrez, Microsoft vice president and deputy general counsel of Intellectual Property and Licensing issued a statement shortly after the complaint was officially filed.

“To date, more than 20 companies have licensed the U2, Tilt Wheel and Magnifier technologies from Microsoft as part of our successful hardware licensing program. Primax’s practice of using our innovations without taking a patent license is unfair to the many companies that have already licensed our technology, so we are taking action to protect both our partners and our innovations,” said Gutierrez.

The ITC has forwarded the complaint to an administrative judge, and the commission expects the investigation to be finished within 45 days. According to the associated press, California-based Polaris Electronics Inc., the United States branch of Primax, is yet to comment on the government’s decision.

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