Judge Sue L. Robinson recently construed claims of two patents relating to targeted television advertising. HBAC Matchmaker Media, Inc. v. CBS Interactive Inc., et al., Civ. No. 13-428-SLR (D. Del. June 3, 2014).
The following claim term from U.S. Patent No. 5,774,170 was construed: “[T]argeting advertisements . . . using code comparison in a control device [at [a/the] [display/viewing] site]:” While the plaintiff argued for a broad construction that would reach internet advertising, Judge Robinson construed the term to apply only to television advertising since “the specification consistently refers to ‘cable TV,’ ‘television,’ and ‘VCR’ . . . [and] the figures . . . represent TV systems and more particularly cable television.” Id. at 5-6.
The Court also construed from U.S. Patent No. 6,002,393 the claim terms “[H]ead end system:” and “[D]ownloading the [instruction/command signal] . . . to command the control device[s] to select [an/the] advertisement from the head end system:”.
The claim construction order was issued in the CBS Interactive case, as well as in cases filed against Google Inc. and YouTube LLC (Civ. No. 13-429), Bravo Media LLC, NBC Entertainment and Universal Television Networks (Civ. No. 13-430), Fox Broadcasting Co., et al. (Civ. No. 13-431), DirecTV Group Inc. (Civ. No. 13-432), ESPN, Inc., et al. (Civ. No. 13-433), Cartoon Interactive Group Inc., et al. (Civ. No. 13-434), Univision Interactive Media, Inc. (Civ. No. 13-435), Vevo LLC (Civ. No. 13-436), Viacom Int’l Inc. (Civ. No. 13-437), Yahoo! Inc. (Civ. No. 13-438), Blip Networks Inc. (Civ. No. 13-962), and uStream Inc. (Civ. No. 13-965).