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How Cloud Systems Automatically Assign Virtual Machines to Servers

A method for cloud services to automatically choose the best server for a task by filtering out impossible options and then ranking the remaining ones.

Granted 2015ActiveExpires 2030Owned by Microsoft Technology Licensing LLCInvented by Erick Raymundo Lerma, Patrick Simek, Dan Rosenthal + 2 more

Original patent title: “Placing objects on hosts using hard and soft constraints

Plain-English explanation by SahiLast reviewed · June 15, 2026

A method for cloud services to automatically choose the best server for a task by filtering out impossible options and then ranking the remaining ones. Granted to Microsoft Technology Licensing LLC in 2015 with 23 claims and 3 forward citations.

Key facts

Patent numberUS 9075661
StatusActive
FieldSoftware & Internet
AssigneeMicrosoft Technology Licensing LLC
InventorsErick Raymundo Lerma, Patrick Simek, Dan Rosenthal and 2 others
Filed2010
Granted2015
Claims23
Times cited3
LitigationNone on record
Value · $55K$175KModest

Coverage

What does this patent actually cover?

This patent describes an automated system for managing cloud infrastructure, such as assigning virtual machines or databases to physical servers. It uses a two-step filtering process: first, it applies 'hard constraints' to disqualify any server that cannot physically or logically handle the task (like a server that is already full or lacks the required hardware). Second, it applies 'soft constraints' to rank the remaining servers based on performance preferences, such as spreading out workloads to avoid bottlenecks. This ensures that redundant services are placed on different physical machines, preventing a single hardware failure from taking down an entire application.

The gap

What does this patent NOT cover?

  • Does not cover manual placement of objects by a human administrator.
  • Does not cover systems that rely solely on a single-step selection process without distinguishing between hard and soft constraints.
  • Does not cover the internal logic of how a virtual machine operates once it is placed on a host.
  • Does not cover hardware-level circuit switching or physical network cabling.

These exclusions are unique to PatentBrief — derived from the actual claim language, not patent-office boilerplate.

What made this novel

The innovation lies in the strict separation of 'hard' (binary pass/fail) and 'soft' (optimization-based) constraints, which allows the system to quickly prune the search space before performing more complex calculations on the remaining candidates.

Placing objects on hosts using…(Primary claim)softwaretelecommunicationsai ml

Schematic visualization of the patent's claim structure. Hand-drawn diagrams in progress for each landmark patent.

Where you've seen this

Real-world examples

01

Microsoft Azure resource scheduling

02

Automated virtual machine load balancing

03

Data center capacity management software

Why it matters

The bigger picture

As cloud computing grew, manually deciding where to put thousands of virtual machines became impossible. This patent provides a structured, scalable way to manage large-scale data centers, which is essential for the reliability of modern cloud platforms like Microsoft Azure. It helps ensure that services remain online even when individual physical servers fail.

Filed

October 20, 2010

Granted

July 7, 2015

Market context

Who's building on this

Companies in this space

Microsoft continues to integrate this type of logic into its Azure cloud platform. Other major cloud providers like Amazon Web Services (AWS) and Google Cloud Platform (GCP) utilize similar automated scheduling algorithms to manage their massive server fleets.

Market impact

This technology enabled the transition from static, manually configured data centers to dynamic, self-healing cloud environments. By automating placement, it allowed cloud providers to scale to millions of users while maintaining high availability and performance standards.

Claim 1 — Plain English

What this patent covers

This patent describes an automated system for managing cloud infrastructure, such as assigning virtual machines or databases to physical servers. It uses a two-step filtering process: first, it applies 'hard constraints' to disqualify any server that cannot physically or logically handle the task (like a server that is already full or lacks the required hardware). Second, it applies 'soft constraints' to rank the remaining servers based on performance preferences, such as spreading out workloads to avoid bottlenecks. This ensures that redundant services are placed on different physical machines, preventing a single hardware failure from taking down an entire application.

The clever bit

The innovation lies in the strict separation of 'hard' (binary pass/fail) and 'soft' (optimization-based) constraints, which allows the system to quickly prune the search space before performing more complex calculations on the remaining candidates.

What it does not cover

  • Does not cover manual placement of objects by a human administrator.
  • Does not cover systems that rely solely on a single-step selection process without distinguishing between hard and soft constraints.
  • Does not cover the internal logic of how a virtual machine operates once it is placed on a host.
  • Does not cover hardware-level circuit switching or physical network cabling.

Patent timeline

Filing

Application submitted to the patent office

Publication

Application published, typically 18 months after filing

Grant

Patent officially issued

PatentBrief Score

Impact Score

Moderate

Citation count

12/40

Early citations

Claim breadth

15/20

Broad claimsclaimsThe numbered statements at the end of a patent that legally define what the inventor owns.Read more →

Recency

5/20

Granted 10–20 years ago

Assignee scale

20/20

Major company or institution

PatentBrief Impact Score — based on citation count, claim breadth, recency, and assignee scale. Not a legal assessment.

Heuristic Value Estimate

What this patent might be worth

Modest

$55K$175K

Midpoint $109K · 4.3 yr remaining · industry ×1.6

Adjust inputs →

Heuristic only — blends forward/backward citation counts, claim scope, time remaining, litigation history, and CPC-derived industry baseline. Real valuations need a professional appraisal.

The original legal language

Original claims

23 claims as filed with the patent office.

Concepts involved

ClaimPrior artNon-obviousnessNoveltySpecificationAssigneePatent term

Citations

Patent lineage

Cites earlier patents

183

earlier patents this invention cites as foundations

View prior art →

Cited by later patents

3

later patents that build on this invention

View patents →

Cite this patent

Lerma, E. R., Simek, P., Rosenthal, D., Windle, M. K., & Hopmann, A. (2015). How Cloud Systems Automatically Assign Virtual Machines to Servers (U.S. Patent No. 9,075,661). U.S. Patent and Trademark Office. https://patentbrief.org/patent/us/9075661/hyper-v-virtualization

Auto-generated from the patent record. Double-check author order and the issue date against the official USPTO document before submitting.

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Common Questions

Frequently Asked Questions

What does How Cloud Systems Automatically Assign Virtual Machines to Servers cover?

A method for cloud services to automatically choose the best server for a task by filtering out impossible options and then ranking the remaining ones.

Who owns patent US 9075661?

Microsoft Technology Licensing LLC owns this patent, granted in 2015.

When does this patent expire?

This patent is expected to expire on July 7, 2035, when the invention enters the public domain.

What is patent US 9075661 cited by?

This patent has been cited by 3 later patents that build on its ideas.

What problem does this patent solve?

As cloud computing grew, manually deciding where to put thousands of virtual machines became impossible. This patent provides a structured, scalable way to manage large-scale data centers, which is essential for the reliability of modern cloud platforms like Microsoft Azure. It helps ensure that services remain online even when individual physical servers fail.

What does this patent NOT cover?

Does not cover manual placement of objects by a human administrator.

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Last reviewed: June 15, 2026 · PatentBrief is not a law firm and this is not legal advice.