Markman decision issues re: video-on-demand programming patent

Posted on April 1, 2009 by Morris James LLP

American Patent Development Corp., LLC v. Movielink, LLC, C.A. No. 07-605-JJF, March 27, 2009.

Farnan, J.  The Court issues a claims construction ruling on 10 disputed terms and/or phrases and denies defendant’s motion to strike declaration of plaintiff’s expert submitted in support of plaintiff’s position.

Plaintiff’s expert’s declaration submitted in support of plaintiff’s claims construction positions is reliable and defendant’s motion to strike the declaration is therefore denied.  The claimed invention relates to a simple, inexpensive system for limiting the use of a download video program purchased by a customer.  The Court construes 10 disputed terms and/or phrases for the patent-in-suit.
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