License Extending to End Users of Microsoft Windows Does Not Authorize End Users' Use of Infringing Software Running on Microsoft Windows

In denying defendant's motion for summary judgment of noninfringement, the court rejected defendant's argument that its end users were licensed because the accused software ran only on Microsoft Windows and plaintiff previously granted a license of the patents-in-suit to a "defensive patent aggregator," who in turn granted Microsoft a sub-license extending to end users. "The Court [rejects] [defendant's] argument that because Microsoft is member of RPX, and because [defendant's] software only runs on Microsoft Windows, all uses of [defendant's] software are licensed."

Information Protection and Authentication of Texas, LLC v. Symantec Corp., et. al., 2-08-cv-00484 (TXED November 14, 2011, Order) (Folsom, J.)