Media Queue, LLC v. Netflix, Inc.

CLAIM CONSTRUCTION ORDER AND ORDER GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT

On November 17, 2009, the Court held a claim construction hearing and heard oral argument on the defendants’ motions for summary judgment. Having carefully considered the arguments of counsel and the papers submitted, and for good cause shown, the Court hereby adopts the constructions set forth below, and GRANTS defendants’ motions for summary judgment.

BACKGROUND

Plaintiff, Media Queue, LLC (“Plaintiff’) is a recently established Oklahoma Limited Liability Corporation that owns U.S. Patent No. 7, 389, 243 ('243 patent), the patent-in-suit, entitled “Notification system and method for media queue.” The '243 patent was filed on February 2, 2004 (based on a provisional application dated January 31, 2003) and was issued on June 17, 2008. The '243 patent discloses a notification system method “for alerting subscribers to a status of their rental queues” by providing “a number of components that interoperate to improve a subscriber’s experience, including an intelligent queue monitor which works on his/her behalf to ensure that an adequate and interesting list of titles are brought to the attention…