Judge in Patent Case Rules for Microsoft

Microsoft Corp. won a lawsuit accusing it of infringing patents for a process to improve images on computer screens.

U.S. District Judge Manuel Real said three patents owned by Research Corporation Technologies Inc. could not be enforced because the inventors withheld “material information� from the U.S. Patent and Trademark Office in the application process and three other patents were invalid.

The suit, filed in December 2001 in Tucson, accused Redmond, Wash.-based Microsoft of infringing patents for creating halftones -- breaking down pictures into dots of varying sizes. Research Corporation, founded by two University of Rochester professors, claimed that the technology was used in the Windows operating system and Microsoft Office. Research Corporation plans to appeal.

“We believe the judgment is incorrect and RCT looks forward to having its appeal heard,� said attorney Brian Ferguson of McDermott, Will & Emery in Washington, D.C.

Research Corporation had previously won a ruling that Microsoft infringed the patents. That ruling is moot because Real said the patents were either invalid or unenforceable. In a Jan. 23 ruling, Real found in Microsoft’s favor and threw out the case. Microsoft can seek reimbursement of its legal fees.

Microsoft spokesman Jack Evans said the company was pleased with the decision and was reviewing the ruling.

Closely held Research Corporation helps universities and research institutes find commercial uses for their inventions. It signed a licensing agreement in 1999 for the halftone patents with Hewlett-Packard Co. after suing the computer maker.

Microsoft shares rose 21 cents to $28 on Monday.