Steve Mehs
01-10-03, 04:26 AM
OpenTV said that the U.S. District Court for the Northern District of California granted it two motions for summary judgment in its patent litigation with Liberate Technologies.
The Court dismissed Liberate's claim that OpenTV induced infringement of Liberate's U.S. patent number 5,014,125. The Court also dismissed Liberate's defense to OpenTV's claims of patent infringement, in which Liberate argued that OpenTV was precluded from asserting infringement of OpenTV patents by virtue of its alleged participation in an industry standards body with compulsory licensing obligations.
At this time, the Court declined to grant OpenTV's other motion for summary judgment of non-infringement of Liberate's U.S. Patent No. 5,991,799, because the Court wishes to first complete claim construction proceedings. OpenTV, however, may refile its motion following claim construction, the Court ruled.
On Feb. 7, OpenTV filed the action against Liberate alleging infringement by Liberate of two patents. Liberate then filed counterclaims against OpenTV, alleging that OpenTV had infringed four patents owned by Liberate. In May 2002, Liberate removed two of its patents from suit.
The claim construction proceedings are likely to be scheduled at an upcoming scheduling conference on Jan. 30.
From SkyReport (http://www.skyreport.com/skyreport/jan2003/011003.shtm#three) (Used with Permission)
The Court dismissed Liberate's claim that OpenTV induced infringement of Liberate's U.S. patent number 5,014,125. The Court also dismissed Liberate's defense to OpenTV's claims of patent infringement, in which Liberate argued that OpenTV was precluded from asserting infringement of OpenTV patents by virtue of its alleged participation in an industry standards body with compulsory licensing obligations.
At this time, the Court declined to grant OpenTV's other motion for summary judgment of non-infringement of Liberate's U.S. Patent No. 5,991,799, because the Court wishes to first complete claim construction proceedings. OpenTV, however, may refile its motion following claim construction, the Court ruled.
On Feb. 7, OpenTV filed the action against Liberate alleging infringement by Liberate of two patents. Liberate then filed counterclaims against OpenTV, alleging that OpenTV had infringed four patents owned by Liberate. In May 2002, Liberate removed two of its patents from suit.
The claim construction proceedings are likely to be scheduled at an upcoming scheduling conference on Jan. 30.
From SkyReport (http://www.skyreport.com/skyreport/jan2003/011003.shtm#three) (Used with Permission)