2nd Circ. Upholds Microsoft Patent Win Over Intellivision

Law360, New York (June 11, 2012, 7:37 PM EDT) -- The Second Circuit on Monday upheld a lower court’s dismissal of Intellivision’s patent dispute with Microsoft Corp. over digital video recording technology, finding Intellivision’s founders improperly tried to insert themselves individually in the suit.

The three-judge appeals panel said a district court judge appropriately employed judicial estoppel in granting summary judgment to Microsoft in March 2011.

"Until their opposition to Microsoft’s motion for summary judgment, plaintiffs never suggested to the district court that Intellivision was not the real party in interest, or that the court might...
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