A Delaware magistrate judge granted Erise IP and client Ubisoft summary judgment of noninfringement in a case centered on a virtual reality computer system controlled by music or control tracks created from music.
Erise IP shareholders Eric Buresh and Michelle Marriott and associate Mark Lang “asserted that a prior art reference known as Williams anticipated and/or rendered certain claims of the patent obvious,” the court wrote.
The plaintiff claimed “Williams could not be used to invalidated the claims at issue, because Williams did not disclose a prerecorded control track having audio and/or control information corresponding to an audio signal.”
However, the court’s conclusion, which found the plaintiff’s theory falls within the disclaimed claim scope, was further underscored by the Williams reference, which triggered the disclaimer at issue.