OpenTV, Inc. v. Netflix Inc.

ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR SUMMARY JUDGMENT OF INVALIDITY UNDER § 101

I. INTRODUCTION

In this patent infringement action, defendant Netflix, Inc. seeks summary judgment that three of the patents-in-suit are invalid under 35 U.S.C. § 101 for failure to claim patent-eligible subject matter. Net-flix contends U.S. Patents 7,055,169, 7,305,-691, and 8,332,268 disclose only “abstract ideas” outside the permissible scope of patent protection. For the reasons explained below, the motion will be denied as to the '169 patent, and granted as to the '691 and '268 patents.

II. BACKGROUND

Plaintiff in this action is OpenTV, Inc., which describes itself as in the business of developing software that “provides its customers with high quality technology, services, and end-to-end solutions enabling intuitive and personalized viewing experiences for consumers.” OpenTV alleges its software products “enable a variety of advanced and interactive services for television, including advanced user interfaces, video-on-demand (“VOD”), personal video recording (“PVR”), high-definition (“HD”), interactive and addressable advertising, and a variety of enhanced television…