Friskit, Inc. v. RealNetworks, Inc. (PDF) 2007 U.S. Dist. LEXIS 54192 Decided July 26, 2007 Judge Schwarzer RealNetworks (ââ?¬Å?Realââ?¬Â?) was granted summary judgment in this patent infringement lawsuit because Judge Schwarzer found Friskitââ?¬â?¢s asserted patents invalid as being obvious. The patents related to searching for and playing streaming media.

All of the individual features of Friskit�s patents which allow a user to easily search for and listen to streaming media existed in the prior art.

Friskit argued that its novel invention was the ââ?¬Å?glueââ?¬Â? that allowed existed technology to be put together. Although it seems Judge Schwarzer agreed, this mere integration of existing technology according to its established functions was obvious. All advantages of Friskitââ?¬â?¢s invention were just the predictable results of integration. The prior art would achieve the same results as Friskitââ?¬â?¢s patents when properly configured. Friskitââ?¬â?¢s invention ensured a more reliable user experience. This was not enough to overcome nonobviousness.

Friskitâ��s invention took elements both known in the prior art and known to work in conjunction with each other, and with these elements displaying no new functionality, integrated them to produce a result which was predictable to one with ordinary skill in the art: a more seamless user experience. Where, as here, the patents yield a predictable result by arranging old elements with each performing its known function, the patents are invalid as obvious under �§ 103.

Advertisements