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Lawrence B. Goodwin, Steven D. Chin, Charlotte Pontillo

For the second time in eight months KBT&F has successfully obtained dismissal of declaratory judgment actions brought by Microsoft against KBT&F firm client WebXchange. The actions brought by Microsoft were filed in response to patent infringement actions brought by WebXchange in the District of Delaware against three Microsoft customers -- Allstate, Dell, and FedEx -- arising from their use of Microsoft products to assist in the development of their own allegedly infringing systems.  On October 30, 2009, Judge Farnan granted WebXchange's motion, noting that "none of the 'controversies' between the parties cited by Microsoft are sufficient to confer subject-matter jurisdiction, and accordingly, the case will be dismissed."  KBT&F partners Peter Toren and Lawrence Goodwin, special counsel Steven Chin and associate Charlotte Pontillo led WebXChange's representation.