On Friday within the Western District of Texas, plaintiff Panther Improvements, LLC filed a criticism towards Microsoft Company, claiming that Microsoft infringed the patents-in-suit via its working methods that allegedly make the most of community velocity optimization.
The patents-in-suit are United States Patent Nos. 7,840,652 (the ’652 patent) and eight,069,231 (the ’231 patent), each relate to optimizing community and web knowledge switch speeds. The plaintiff defined that “the Asserted Patents describe certain TCP/IP settings that can be adjusted to optimize the network connection, including, for example, Maximum Transmission Unit (MTU), Maximum Segment Size (MSS), Receive Window (RWIN), Time to Live (TTL), Black Hole Detection, and MTU Auto Discovery.”
In response to the criticism, Microsoft has infringed the patents-in-suit “by making, using, offering to sell, and selling within the United States…certain products and services,” that purportedly infringe these asserted patents. The plaintiff said that Microsoft’s accused merchandise have “various user-selectable network configuration settings,” together with “Windows Vista, Windows 7, Windows 8, and Windows 10 operating systems.”
For example, Panther Improvements claimed that Microsoft infringed at the least claims 1 and 29 of the ’652 patent. Particularly, declare 1 of the ’652 patent states “[a] method of optimizing network configuration settings for a user’s client machine, the method comprising: (a) providing a plurality of groups of network configuration settings to be used but her user’s client machine…” As allegedly described in declare 1 of the ’652 patent, Microsoft’s accused merchandise “provide a plurality of groups of network configuration settings (e.g., TCP auto-tune, congestion Provider, and Scaling Heuristics functionality) to be used by the user’s client machine.”
Particularly, the plaintiff claimed that these Home windows merchandise have “user-selectable TCP Auto-tuning functionality, user-selectable Congestion Provider functionality, and user-selectable Scaling Heuristics functionality.” Panther Improvements averred that Microsoft’s TCP auto-tuning “implements a sliding window based on network constraints.” Furthermore, the plaintiff proffered that the Congestion Supplier performance is used to “automatically optimize network configuration settings including MSS. By default, client computers use NewReno, but may also be configured to implement CTCP or DCTCP.” In response to the criticism, “CTCP, or Compound TCP, is a Microsoft implementation that features the power to routinely optimize efficiency.”
Moreover, Panther Improvements asserted that Microsoft’s accused merchandise additionally enable it to “implement Scaling Heuristics functionality to optimize scaling.” Consequently, the plaintiff contended that these functionalities are “designed to automatically adjust these network configuration settings to optimize connectivity. Additionally, the accused products reportedly “conduct performance tests to optimize the network feature” for these functionalities.
The plaintiff has sought declaratory judgment in its favor, an award for damages, pre- and post-judgment curiosity, an award for prices and charges, and different reduction.
The plaintiff is represented by Connor Kudlac Lee PLLC and Corridor Sales space Smith, P.C.