Datel Holdings Ltd. et al. v. Microsoft Corp.
Dan Asimow, Marty Glick, and Rob Hallman successfully represented UK-based Datel in complex antitrust and IP litigation involving accessories for the Xbox 360 video game system. Datel reverse-engineered the Xbox 360 video game lock out chip and manufactured memory cards and controllers compatible with that platform. Microsoft responded with a software “update” to the Xbox 360 that rendered Datel products inoperable, thus crashing both already sold Datel products consumers were using, as well as products on retailer shelves. Datel sued alleging antitrust violations, and Microsoft counterclaimed with claims that Datel’s reverse engineering and products violated the Digital Millennium Copyright Act (DMCA) as well as Microsoft’s trade secrets, copyrights, and trademarks. Microsoft also sued Datel in the State of Washington, in the United Kingdom, and in the International Trademark Commission alleging infringement of Microsoft utility and design patents. After 104 depositions in 18 cities in the United States and in London, an unsuccessful Microsoft motion to dismiss and dismissal of the Microsoft ITC claims, the case settled in December 2011.