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Daedalus Blue Sues Microsoft For Patent Infringement

Recently Daedalus Blue LLC has sued tech giant Microsoft over patent infringement. The suit has been filed in Western District of Texas (case no 6:20-cv-01152, Daedalus Blue LLC v. Microsoft Corporation). Daedalus Blue claims that Microsoft’s Azure cloud computing product infringes its patents which essentially deals with cloud and cloud-based technology. Daedalus Blue is seeking damages and royalty payments, permanent injunction and declaratory judgement.

Daedalus Blue asserts five patents, of which three were previously asserted in suit against Oracle (now voluntarily dismissed) as well. The following are the five patents in the suit:

  • US Patent No. 7,177,886: Apparatus and method for coordinating logical data replication with highly available data replication
  • US Patent No. 7,437,730: System and method for providing a scalable on demand hosting system
  • US Patent No. 8,381,209: Moveable access control list (ACL) mechanisms for hypervisors and virtual machines and virtual port firewalls
  • US Patent No. 8,572,612: Autonomic scaling of virtual machines in a cloud computing environment
  • US Patent No. 8,671,132: System, method, and apparatus for policy-based data management

The asserted patents were licensed by Amazon Web Services and Oracle Corporation and Daedalus Blue is the current owner and assignee of these patents. As per Daedalus Blue, Microsoft’s cloud computing product Microsoft Azure and Microsoft Azure Virtual Machine Scale Sets (VMSS) product, is infringing on these five patents, particularly US Patent No. 8,572,612. Daedalus Blue further alleges that the Microsoft products uses “a method of autonomic scaling of virtual machines in a cloud computing environment’ that allows for dynamic deploying and maintenance of virtual machine instances in Azure cloud, wherein the virtual machine scaling is automatically adjusted based on the workload increase or decrease in load” and thereby infringes on its patents.

Author: Arindam Purkayastha, Patent Attorney at IIPRD, in case of any queries please contact/write back to us at [email protected].

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