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November 2, 2026

US Patent Litigation Playbook

Issue 2—Your Best Argument Today Can Become Your Problem Tomorrow

Your Best Argument Today Can Become Your Problem Tomorrow
Language Technologies Inc. v. Microsoft Corp. (D. Ariz. Sept. 30, 2026)

Playbook Principle
Every litigation position becomes an input to the next phase.

What Happened

Language Technologies avoided dismissal when the court accepted its amended complaint’s description of a phrase-identification method using a specific, defined library of closed-class words, such as articles, pronouns, and prepositions. During claim construction, it argued that qualifying words could vary with context and the implementer’s design choices. The court granted Microsoft’s reconsideration motion and stayed discovery, finding that the broader characterization undermined its earlier ruling’s premise. On reconsideration, the court reversed its Alice step-one conclusion, finding the claims directed to an abstract idea. It reserved step two and ultimate eligibility. It did not finally construe the disputed term.

What This Means

Litigation strategy is not modular. A position that helps reach an accused product can undermine the explanation that persuaded a court to let the case proceed. Test today’s argument against the rulings already won and the case still to come.

Patent owners should cross-check proposed scope against eligibility, validity, infringement, and prosecution history before committing to it. Both sides should examine whether later briefing undermines a premise supporting an earlier ruling, even without contradicting a formally adopted construction. Broader constructions do not automatically make claims ineligible. Assess what a position gains on one issue and puts at risk elsewhere in the case.

What You Can Do

  • Maintain a tracking matrix linking key claim terms, litigation positions, and the premises supporting prior rulings.
  • Test each position against prior briefs, the premises of prior rulings, and the arguments later phases will require.
  • Coordinate scope trade-offs across the lawyers responsible for eligibility, claim construction, validity, and infringement.
  • Review opposing briefs for changes that may justify revisiting an earlier ruling or its premise

How We Can Help

A claim-scope decision can reach beyond a motion. We help clients coordinate eligibility, claim construction, infringement, and defense positions, including cross-team scope reviews before key filings, so that each argument serves the broader case strategy.

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