Oh no! Microsoft made a page with frames and results listings. Only Kayak has done that before! /sarcasm
There are more than a million sites that use that exact same layout, but because M$ did it, and the service is similar to another site, they must be sued! Take a look at search results pages for any of the major search engines. They all look literally identical--results listings on the left, sponsored sites on the right.
Quoted from the government copyright website: "Copyright does not protect facts, ideas, systems, or methods of operation..."
Kayak is just trying to gain publicity for their site; they have no case.