Summary Judgment of Not Invalid Leaves Only Damages to be Resolved

Medien Patent Verwaltung AG v. Warner Bros. Entertainment Inc. et al.

Case Number: 1:10-cv-04119-CM (Dkt. 156)

Judge McMahon granted summary judgment dismissing the invalidity defense of Deluxe, the only party that had not yet settled with plaintiff, leaving damages the only unresolved issue in the case. The patent at suit, U.S. Patent No. 7,187,633, entitled “Marking of a data medium material for information intended for reproduction,” relates to markings that individualize movie film, enabling film producers to identify the specific film from which a bootleg copy is made. The judge found that Deluxe’s invalidity argument hinged on references that describe modifying a movie projector to cause projection of individualizing indicia, but that the claim’s plain meaning required that modification of the film initiate the required projection.

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