In a crucial preliminary hearing aimed essentially at setting the ground rules for the trial itself, Judge Saundra Brown Armstrong ruled strongly in favor of InterTrust Technologies. The company is suing Microsoft on 144 counts of patent infringement, contending that Microsoft products ranging from the Windows operating system to the Xbox game system violate its digital rights management patents.
No decision has been made on whether Microsoft actually has infringed on InterTrust's patents. But the so-called Markman hearing was a critical stage, at which definitions of terms and the scope of the patents were decided. Patent attorneys say a decision in favor of a patent holder greatly improves a lawsuit's ultimate chance of success. Armstrong's ruling was issued on July 3.
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