The latest filing in a trade secrets case sees video conferencing technology company RealD Spark answer Microsoft’s coutnerclaims of non-infringement of two RealD patents. RealD originally accused Microsoft of unauthorized use of its technology in its tablet products.
As previously reported, RealD is the developer of an imaging technology called “SocialEyes” which adjusts video conference participants’ gaze so that it appears they are looking directly into the camera instead of at the device screen.
Reportedly, Microsoft approached Boulder, Co.-based RealD to collaborate in 2016, but ended up hiring away several RealD employees and copying SocialEyes’ eye contact correction features in several Microsoft Surface products. RealD’s July 2022 suit alleged that Microsoft also filed a patent application directed to SocialEyes technology that listed two former RealD employees as inventors.
In turn, RealD says Microsoft illegally hampered its ability to win new customers, deprived it of licensing fees, and illegally copied its intellectual property.
Microsoft answered the complaint early December, after the parties exchanged initial discovery. In addition to its 20 affirmative defenses, including failure to state a claim, non-infringement, and patent invalidity, the defendant lodged two counterclaims against RealD seeking a declaration of non-infringement.
In last week’s answer, RealD asserted that a controversy remains over the two asserted patents, but disputed the substance of Microsoft’s claims. The filing concluded that “RealD denies that Microsoft is entitled to any of the relief it requests in its Prayer for Relief, or any relief whatsoever.”
In a joint case management statement, the parties proposed a timeline of events culminating in a trial ready date of March 2024.
RealD is represented by Tousley Brain Stephens PLLC and McKool Smith P.C. Microsoft is represented by Morgan, Lewis & Bockius LLP.
