5P
v.
5D
ISSUE:
Should the patents that are owned by the defendant be evaluated in a patent court?
FACTS: The plaintiff is a gaming studio that developed a video game that uses an online, multi-player platform, which includes audio and video functionalities so that players (alone and in groups) can watch television and listen to audio streams, in game.
After development of the functionality got out the studio received a “cease and desist” letter from a lawyer of the defendant, whom allegedly claims to hold patents for the Internet transmission of audio and video signals within a game environment. The defendant’s lawyers also represent media companies that originate the streaming content. The plaintiff then filed an injunction to keep the defendant and the media companies from suing them.
DEFINITION:
For purposes of the recitations of “signal” in the claims it is important to cite what a signal is. A signal, as defined in re Nuijten, is ”a means of communication”.
HOLDINGS:
No holding yet, because there hasn’t been a court case that has invalidated the defendant’s patent.
REASONING:
The court concluded there was a sufficient amount of evidence, based on other cases that reviewed similar types of signals and were invalidated. The first case being in re Nuijten, 500 F.3d 1346 (Fed. Cir. 2007). The issue in this case was regarding Nuijten’s patent application toward a technique for reducing the noise created in a signal by the introduction of watermarks into
The Entertainment Software Association have fought to overturn the Brown case and similar laws involving the ban of violent video games (Video Software Dealers Ass 'n, et al. v. Schwarzenegger). The ESA won all of these previous cases based on the fact of the
This case was brought forth by Schwab on January 7, 2013 and there has been no ruling issued in
While victorious, the plaintiff’s believed that the district court had erred in their decision not to award punitive damages. The defendants, on the other hand, argued that the court had erred in denying their motion for summary judgment.
631F .3d 762 (2011), United States Court of Appeals, Fifth Circuit (January 21, 2011) .
Jan Hughes, Plaintiff-Appellant v, Boston Scientific corporation, Defendant-Apellee., 631F .3d 762 (2011), United States Court of Appeals, Fifth Circuit (January 21, 2011)
except that enjoyed by a virtue of a patent granted by the United States”. This quote suggests
Part I: Overview of Case (who is involved and what they are arguing, as well as all possible theories, defenses, and torts involved)
The company has been engaged in a dispute over a long-standing litigation with W Inc. The dispute involves a specific patent infringement matter. In May 2007, W Inc. filed a claim against the company for patent infringement and management determined that a loss was probable and estimated it would be between $15 million and $20 million, with $17 million being the most likely amount of loss within the estimated range (December 31, 2007). In September 2009, a jury trial took place for the litigation involving the company and W Inc. A verdict for the trial was reached; a judgment was ordered that
Facts: The plaintiffs (Imburgia, Greiner) filed a class action lawsuit against the defendant (Directv) for allegedly charging early termination fees improperly. The defendant was unsure about the application of state vs. federal law and put forth a motion to stay or dismiss the case in preference of arbitration, which was denied by the trial court. The court of appeals affirmed by stating that the state law precedent applies and the arbitration clause was unenforceable.
Funny Face is located in California. Novelty Now Inc. is located in Florida. Jurisdiction needs to be established. Personal jurisdiction gives a court the authority to make decisions binding on the people involved in a civil case. very state has personal jurisdiction over persons within its territory. No state can e!ercise personal jurisdiction and authority over persons outside its territory unless the persons have manifested some contact with the state. In this case" personal jurisdiction e!ists due to the fre#uent meetings between the two parties. $owever" the case study does not state where these meetings take place.Personal jurisdiction will be found if the persons involved in the litigation are present in the state or are legal residents of the state in which the lawsuit has been %led" or if the transaction in #uestion has a substantial
no one is entitled to a holding except by (repeated) applications of principles 1 and 2. (Shaw, 2016, p.116).
There are a couple parties that are part of this lawsuit. On Plaintiffs side we have, Lynx System Developers, INC, and ISOLYNX, LLC. On the Defendants side we have, Zebra Enterprise Solutions Corporation, and ZIH Corporation. From my understating, over the last couple of years the Zebra Enterprise Solutions Corporations have been stealing technological innovations for the real-time tracking of athletes and game analysis from Lynx System Developers.
The entertainment industry expressed its displeasure when Metro-Goldwyn Mayer (MGM) and “other film studios, songwriters, music publishers and recording companies filed suit against both Grokster and the StreamCast Network” (Communications Law: Liberties, Restraints and the Modern Media, 2011, p. 360). This landmark case made its way to the hallowed halls of the United States Supreme Court after the higher court granted review of the lower federal courts decision to side with the defendants (Grokster and StreamCast). Thus was born the case MGM v. Grokster, 545 U.S. 913 (2005). The Supreme Court under began hearing arguments in this case in
C. Highly specified product: Since the patent is not commercialized and targeted towards the individual, there might not be a market at all for the patent. It could be that if RhoMed does not exercise the option to buy the patent back or defaults on its payments and Aberlyn can’t sell the patent in the market, it would essentially be stuck with the patent, an asset that has no value. We calculated the NPV in this scenario and concluded that Aberlyn would essentially lose nearly its entire investment.
evidence with regard to the issue. The Supreme Court believed the respondent was denied due