A fight over an obscure content-protection patent could wind up alleviating one of Microsoft"s biggest legal headaches, according to digital rights management company Macrovision, a newcomer to the tussle.
Macrovision is sparring with rival InterTrust Technologies over patents each holds on similar digital rights management technologies--similar enough that the United States Patent and Trademark Office agreed several weeks ago to decide whether the two companies" patents actually refer to the same thing, and whether just one company should hold the rights. The Patent Office scrutiny, called an "interference proceeding," was requested years ago by InterTrust, which is also suing Microsoft for patent infringement. InterTrust contends that virtually all of Microsoft"s key software, ranging from the Windows operating system to its Media Player, trespasses on its content protection patents.
But now Macrovision claims it could inherit a large portion of InterTrust"s intellectual property if it wins rights to the single contested patent. And if that happens, it isn"t nearly as interested in pursuing lawsuits against Microsoft, said Brian Dunn, executive vice president at Macrovision. "We have a friendly relationship with Microsoft," Dunn said. "Our goal is to get everyone to come to an agreement on patent licensing, in order to move the market forwards." The claims and counterclaims flying between the two digital rights companies are extreme even by the normally contentious nature of the digital rights management business. And their descriptions of the possible outcomes of the proceeding are so varied that they seem to be talking about different issues.