MacRovision Corp. v. Dwight Cavendish Developments Ltd.

ORDER ADOPTING AND APPROVING REPORT OF SPECIAL MASTER REGARDING CLAIM CONSTRUCTION OF U.S. PATENT NUMBER 5,633,927

I. INTRODUCTION

In the present suit, Plaintiff Macrovision Corp. (“Macrovision”) has asserted U.S. Patent No. 5,633,927 (“the ’927 patent”) against Defendant Dwight Cavendish Developments, Inc. (“Dwight Cavendish”). The parties did not agree upon the scope of the patent claims, requiring the court to interpret the disputed claims. See Markman v. Westview Instruments, Inc., 52 F.3d 967, 979 (Fed.Cir.1995)(en banc), aff'd, 517 U.S. 370 , 116 S.Ct. 1384 , 134 L.Ed.2d 577 (1996). On December 6,1999, in accordance with Rule 53 of the Federal Rules of Civil Procedure, the court appointed Allen M. Lo as a Special Master to assist in this task. The parties submitted claim constructions briefs, and Special Master Lo held a claim construction hearing on February 24, 2000.

Special Master Lo issued his Report on April 17, 2000. On May 1, 2000, Dwight Cavendish filed a Motion to Enter Report of Special' Master, and on May 4, 2000 Macrovision filed a Motion to Modify Report of Special Master. The parties stipulated to a consolidated briefing schedule whereby Dwight Cavendish…