Futurevison.com, LLC v. Cequel Communications, LLC, et al., C.A. No. 13-855-GMS-MPT, February 1, 2016.

Thygne, C.M.J. Defendants’ license defense is granted.

The disputed technology relates to a method for two-way interactivity between the cable office and the cable set top box. Plaintiff entered into an agreement with a patent aggregator RPX and its members to license the patent-in-suit.  Plaintiff contends that defendants are not licensed under the agreement.  The court disagrees with defendants’ contention that as long as a single claim is licensed for a given combination or use, the entire patent is licensed for that use.  However, under the definitions of “licensed product and service” and “combined licensed product and service” the court finds that the services provided by the defendants are already licensed and there is no need for an expanded license as there is no infringement.