Judge Stark Affirms Favorable Claim Construction on Appeal in the District of Delaware

September 28, 2011

On Wednesday, September 28, Judge Stark of the United States District Court for the District of Delaware affirmed the favorable claim construction previously won by Durie Tangri lawyers for Live Nation in a patent infringement dispute brought by competitor Flash Seats, and granted the firm’s motions for summary judgment of noninfringement and invalidity.  In particular, Judge Stark found that the patent did not cover systems where the electronic tickets were delivered to a personal identification such as a credit card or driver's license, and on that basis found that the accused Live Nation systems did not infringe.  He also found that several of the asserted claims were invalid because they used means plus function claim language, but lacked corresponding structure in the specification.