Case Number: 1:11-cv-01735-KBF
Judge Forrest granted summary judgment of non-infringement of claims for producing a highlight video of a baseball game. As previously explained in the Update [link to July 25 2014 page] the claimed method requires deleting scenes from a recording other than those of “each and every outcome-determinative action that takes place during the complete game.” The patent at issue, U.S. Patent No. 7,628,716 (“Method of recording and playing baseball game showing each batter’s last pitch”), according to Judge Forrest, is objective and allows little room for judgment. For example, it requires every final pitch to be shown. MLB’s highlight videos, on the other hand, rarely show every pitch. Further, the claims require editing by deleting scenes from a game, and Judge Forrest found that MLB’s editing process is accretive.
In a separate order Judge Forrest ordered the parties to propose a schedule for resolving MLB’s invalidity counterclaim.
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