Combination of two elements is not easy to defend in the software world

http://www.cafc.uscourts.gov/opinions/07-1583.pdf

In this classic case of Friskit v/s Real networks, Friskit alleged Real networks media players had infringed its patents that claimed as its inventive the following (a) a media player with integrated search and playback features and (b) wher the entire control of the media player rest with the server side with no software (OS) from the client side assisting in the operation of the media player.

Real cited the following product and website evidence to counter Friskit. It cited the features available at www.iuma.com and Winamp to counter Friskit’s claims. In both cases of iuma.com and Winamp offered a media player interface with a search box. When a search was conducted, a new mini-browser window would pop up that would get populated with the search results. These search results could be dragged and dropped into the media player interface for immediate play-back with minimal intervention from the client side. Friskit’s only difference was the same interface (with no special mini-browser) window poping up providing this functionality.

The court cited KSR v/s Teleflex and found Friskit’s claims as obvious stating that as per the KSR case ‘predictable use of known elements according to their cited function’ results in obviousness.

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