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ACTV, INC. v. WALT DISNEY CO.

No. 02-1491.

346 F.3d 1082 (2003)

ACTV, INC. and Hypertv Networks, Inc., Plaintiffs-Appellants, v. The WALT DISNEY COMPANY, American Broadcasting Companies, Inc., and ESPN, Inc., Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

October 8, 2003.

Attorney(s) appearing for the Case

Kenneth W. Starr, Kirkland & Ellis, of Washington, DC, argued for plaintiffs-appellants. With him on the brief were David P. Swenson, Kannon K. Shanmugam, and Gregory F. Corbett. Of counsel was Robert G. Krupka, Kirkland & Ellis, of Los Angeles, CA.

Matthew D. Powers, Weil, Gotshal & Manges LLP, of Redwood Shores, CA, argued for defendants-appellees. With him on the brief were James W. Quinn, Steven D. Glazer, Steven J. Rizzi, and Beth A. Oliak, Weil, Gotshal & Manges LLP, of New York, NY.

Before LINN, Circuit Judge, FRIEDMAN, and PLAGER, Senior Circuit Judges.

LINN, Circuit Judge.

ACTV, Inc., and HyperTV Networks, Inc., (collectively "ACTV") appeal an order of the United States District Court for the Southern District of New York, dismissing ACTV's complaint after deciding, on motion for summary judgment, that The Walt Disney Company, American Broadcasting Companies, Inc., and ESPN, Inc., (collectively "Disney") did not infringe the claims of U.S. Patent Nos. 5,774,664 ("the '664 patent"), 5,778,181 ("the '181 patent")...

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