Should The Patents That Are Owned By The Defendant Be Evaluated? A Patent Court?

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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

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