Microsoft Corporation v. Datatern, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• prohibiting Microsoft’s declaratory judgment action despite the fact that the patentee sued over 100 customers
• “Providing instructions to use a product in an infringing manner is evidence of the required mental state for inducing infringement.”
• co-parties in non-consolidated ap- peals cannot use incorporation pursuant to FRAP 28(i) to exceed word count limits prescribed by FRAP 32(a)(7)
• “[S]imply selling a product capable of being used in an infringing manner is not sufficient to create a substantial controversy regarding inducement.”
• “It would be fundamentally unfair to allow a party to use incorporation to exceed word count.”
• “[R]efusal to grant a covenant not to sue is not sufficient to create an actual controversy.” (internal quotation marks, citation, and alterations omitted)

Source: CourtListener parenthetical corpus (CC0).