2008-1166 USA Video v. Time Warner

Posted on | February 23, 2008 | No Comments

ED/TX 2:06-CV-239

5,130,792 is an early 1990’s video on demand patent that, among other things, requires that compressed programs be “transmitted in less time that in required to view the programs in real time.”  Defendants use the MPEG-2 standard and TSP to deliver the content to subscribers in packets of data.  Defendants’ system ultimately transmits both the video content and certain non-content “overhead” in the same amount of time as is required to view the program.  However, if this overhead is not considered, the video program would meet the limitation.  Judge Ron Clark granted defendants summary judgment of non-infringement, holding that there was no basis to disregard the overhead data and that plaintiff was not entitled to equivalents because the limitation had been added during prosecution to narrow the scope and for patentability.

Comments