Microsoft and Bardehle Pagenberg pull back win in Zoe Life infringement dispute
Microsoft has now achieved a win in the dispute over data transmission technology. Initially, the German Federal Court of Justice had confirmed the patent as belonging to plaintiff Zoe Life Technologies. However, the Regional Court of Munich recently dismissed the infringement claim.
11 December 2023 by Konstanze Richter
Zoe Life Technologies is an investor and owner of EP 11 26 674 for a “method and device to present data to a user”, originally filed by Ravenpack. The patent protects a technique for secure data transmission between the cloud and user. It is used, for example, in one of Zoe Life’s programmes for stock traders.
In October 2021, the German Federal Court of Justice confirmed the validity of the German part of the German part of the EP 674 (DE 600 31 088.4) in the second instance of a nullity suit brought by Microsoft.
Michael Schramm
Power of three
Zoe Life believes that Microsoft’s Azure Access Control and its successor Azure Active Directory infringe three claims of EP 674. As a result, the investor sued the US company at Munich Regional Court (case ID: 7 O 5529/16).
However, the court of first instance has now dismissed the action. The judges did not consider the three claims of the patent-in-suit to be infringed.
Meanwhile, since the patent has now expired, the dispute only concerns retrospective damages. Zoe Life, which acquired the patent from data analytics platform Ravenpack, also invests in numerous start-ups. An appeal against the judgment is possible.
Turn to software specialists
Mixed Munich law firm 2sip had already acted for Zoe Life Technologies in the nullity action before the Federal Court of Justice. The team, led by dual-qualified lawyer and patent attorney Michael Schramm, worked closely with patent attorney Jochen Reich.
Tilman Müller-Stoy
The latter specialises in software patents and regularly provides comprehensive advice to the Zoe Life Technologies and its subsidiaries. Reich and 2sip regularly work together in cases involving software patents.
In Germany, Microsoft regularly works with Bardehle Pagenberg. The mixed firm also defends the US software giant against various NPEs regarding mobile devices and cloud technology.
For Zoe Life Technologies
2sip (Munich): Michael Schramm, Günther Schneider (patent attorney); associate: Susanna Oberhofer
Reich-IP (Munich): Jochen Reich (patent attorney)
For Microsoft
Bardehle Pagenberg (Munich): Nadine Westermeyer, Tilman Müller-Stoy, Christian Haupt (patent attorney) (all partners)
Regional Court Munich, 7th Civil Chamber
Hubertus Schacht (presiding judge)
