Attorneys Cited
Taking On Hollywood
USA Video Technology Corp Takes on Hollywood Says Top Movie Studios Infringe on Patented Video Delivery SystemMay 11, 2003
The Oscars are over, but more movie news this year may ultimately
come from a Delaware courtroom. At least that's the prediction as a
technology company based in Connecticut squares off against a movie
industry giant for the rights to the technology that can deliver movies
over the Internet.
Millions of movie fans worldwide may
ultimately be affected by the outcome of a suit being filed today in
the U.S. District Court for the District of Delaware by
Connecticut-based USA Video Technology Corporation (a subsidiary of USA
Video Interactive Corp. (USVO)) against Movielink, LLC. USA Video
Technology Corporation alleges that Movielink, a Delaware company, has
infringed and continues to infringe on its patented online movie
delivery system. USA Video Technology Corporation is a developer,
supplier and owner of the patent-in-suit that covers media delivery
services that allow Internet users to request and receive digitized
movies online.
According to court papers being filed by intellectual
property attorneys at Steptoe & Johnson LLP,
Movielink has been making, using, selling and offering to sell systems
and services that infringe upon U.S. Patent No. 5,130,792 (USP 513092)
for this technology.
According to Erik B. Cherdak, one of the
attorneys from Steptoe's Washington, D.C. office, "Movielink operates a
website that allows an individual to request a movie online and have it
transmitted in digital form to a personal computer or other output
device for personal storage and playback. It's a great idea, but, as
the movie studio members of the limited liability company that make up
Movielink are well aware, the technology being used to accomplish this
transaction is patented and the plaintiff has not consented to nor been
compensated for its use. That is the basis for today's suit."
Steptoe's
J. William Koegel, Jr. and Jeffrey T. Hsu also are handling the case.
According to Edwin Molina, President of USVO, the patented technologies
represent an advance in home movie entertainment, and may well spell
the end of video rental stores by making it possible for Internet users
to secure almost any movie, any time, from any location with online
access and without having to leave their homes. "The potential for
this technology is enormous," said Molina. "The fact that the major
studios have already moved forward to deploy it, albeit in violation of
the patent, makes it clear that the home distribution of movies has
already entered a new era."
The suit identifies Warner Brothers,
Paramount Pictures Corporation, Metro Goldwyn-Mayer, Universal Studios,
and Sony Pictures Entertainment as members of the limited liability
company that owns and operates Movielink, LLC and the www.movielink.com
website service. Movies made by these studios - including My Big Fat
Greek Wedding, The Bourne Identity, Fear Dot Com and 24 Hour Party
People -- are presently available for download on a fee basis from the
movielink.com site. According to the complaint, rights to the
technology being used by the studios on the site belong to USVO's
subsidiary.
The plaintiff is asking the Delaware federal court
for a declaratory judgment of both infringement and willful
infringement, permanent injunctive relief, compensatory and treble
damages, interest, legal costs, as well as a jury trial on all
appropriate issues. According to Steptoe's Cherdak, "The plaintiff is
seeking to be fairly compensated for acts of infringement of the
patent-in-suit and is seeking all forms of relief available under the
law. It's now up to the Court."
Additional Information
Steptoe & Johnson LLP has
gained a national and international reputation for vigorous
representation of clients before governmental agencies, exceptional
advocacy in litigation and arbitration, and creative and practical
advice in guiding business transactions. With more than 450 attorneys,
the firm has offices in Washington, D.C., Phoenix, Los Angeles, Century City, London,
and Brussels.
USVO is a developer and supplier of Internet media
delivery services, systems, and innovative end-to-end solutions. The
Company developed its StreamHQ(tm) architecture to provide a wide range
of business customers with value-added media delivery services. USVO
holds the pioneering patent for store-and-forward video, filed in 1990
and issued by the United States Patent and Trademark Office on July 14,
1992; it has been cited by at least 145 other patents. USVO holds
similar patents in Germany, Canada, England, France, Spain, and Italy.
For more information, visit www.usvo.com. USA Video Interactive
Corporate Headquarters Office: 83 Halls Road, Old Lyme, Connecticut,
06371; Canada Office: 507 - 837 West Hastings Street, Vancouver, BC V6C
3N6. Trading symbol on the OTCBB: USVO; Trading symbol on the TSX
Venture Exchange US; Trading symbol on the Berlin and Frankfurt Stock
Exchanges: USF. CUSIP 902924208. For more information contact info@usvo.com.
This
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results to differ from those described. The TSX Venture Exchange (TSX)
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