Erise IP secured a win for Ubisoft in a long-pending patent infringement suit from Impulse Technology Ltd.
U.S. District Court Judge Richard G. Andrews ruled in favor of Ubisoft as well as Microsoft and other defendants in the case on Sept. 21 by granting summary judgment of non-infringement. Judge Andrews’ order came one day after he adopted a U.S. magistrate judge’s recommendation to dismiss the bulk of claims brought by Impulse, according to the Law360 story, “Microsoft, EA Beat Motion Tracking Technology IP Suit.”
Erise IP attorneys Michelle Marriott and Eric Buresh represented Ubisoft in the case.
Law360 reported that the judgment ended a case filed in 2011 by Impulse, which had alleged infringement of six patents describing motion sensors used in consumer video game systems. The lawsuit focused on Microsoft’s Xbox360 Kinect and games made for use with the Kinect.
Impulse had objected to U.S. Magistrate Judge Christopher J. Burke’s claim construction of the phrase “defined physical space,” Law360 reported, but Judge Andrews said that the accused product, Microsoft’s Kinect gaming sensor, does not use a defined physical space.
“Thus, the accused product does not literally meet the ‘defined physical space’ limitation, and therefore does not literally infringe the 14 asserted claims that contain that limitation,” Judge Andrews wrote in the order.
