The complaint, filed in a San Diego District Court on
28th March, seeks an injunction against further infringement and
damages.
According to reports, the patent involved, USPTO Patent No
5,227,878, has already been the subject of a dispute between the
two companies.
That infringement claim was dismissed in August 2005 because of
a typographical mistake in the patent, but Lucent was not
prohibited from re-filing the action once it had sorted out the
errors. Lucent obtained a Certificate of Correction from the USPTO
in October and has now filed suit again.
Speaking to CNET News.com, Lucent spokesman John Skalko
explained that, “between the time of this original dismissal and
our re-submission, there was another development. Microsoft issued
the 360.”
Lucent believes that the MPEG-2 decoder used in the Xbox 360
infringes upon its patent, reports CNET.
Microsoft is reviewing the complaint.
