The opinion of the court was delivered by: Hon. Manuel L. Real United States District Judge
AND RELATED CROSS ACTIONS
FINDINGS OF FACT AND CONCLUSIONS OF LAW
Judge: Hon. Manuel L. Real Date: June 1, 2009 Time: 10:00 a.m. Dept: 8
The Motion for Summary Judgment of Non-Infringement of Defendant Nintendo of America Inc. ("Nintendo") (Dkt. No. 106) came on regularly for hearing on June 1, 2009, at 10:00 a.m. in the above-referenced Court, the Hon. Manuel L. Real, Judge presiding. The parties appeared through counsel and submitted the matter on their papers as filed. The Court having reviewed and considered the submissions of the parties hereby GRANTS that Motion and makes the following findings:
A.U.S. Patent No. 4,930,158
1. U.S. Patent No. 4,930,158 ("the '158 patent") is entitled "Selective Video Playing System."
2. The '158 patent was filed on August 29, 1988 and issued on May 29, 1990.
3. A Reexamination Certificate for the '158 patent was issued on November 4, 2008.
4. The Reexamination Certificate states that it confirmed claims 8-11 and 19-22 and cancelled claims 1-7 and 12-18.
5. Claims 8 and 19 of the '158 patent are independent claims. Claims 9-11 and 20-22 are dependent on claims 8 and 19, respectively.
6. Independent claim 8 of the '158 patent recites: A video recording playing method comprising the steps of receiving from a video storage medium signals representative of a video program, processing said signals to produce video signals of a form suitable for display, detecting a code within the signal received from the storage medium, comparing the detected code to a set of selected codes, and, according to a predetermined result of the comparison: sending a signal to an auxiliary device, causing playing of the video program to be suspended, waiting until a resumption signal is received, and resuming replay of the suspended program after receiving the resumption signal.
7. Independent claim 19 of the '158 patent recites: A video recording player comprising: means for receiving, from a video storage medium, signals representative of a video program, processing means for forming video signals of a form suitable for application to a video display means from said signals, means for detecting a code within the signal received by the receiving means, means for comparing the detected code to a set of selected codes, and controller means for, according to the result of the comparison, sending a signal to an auxiliary device, to cause playing of the video program to be suspended, and responsive to a resumption signal to resume playing of the suspended program when the resumption signal is received.
B.Plaintiff And Its Complaint
8. This action has been brought by Plaintiff Guardian Media ...