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Visual Effect Innovations, LLC v. Sony Electronics Inc.

United States District Court, D. Delaware

September 30, 2018

VISUAL EFFECT INNOVATIONS, LLC, Plaintiff,
v.
SONY ELECTRONICS INC., Defendant.

          Stamatios Stamoulis, STAMOULIS & WEINBLATT LLC, Wilmington, DE Ryan E. Hatch, Law Office of Ryan E. Hatch, Los Angeles, CA Attorneys for Plaintiff

          Kenneth L. Dorsney, MORRIS JAMES LLP, Wilmington, DE Gregory S. Gewirtz, Jonathan A. David, Andrew T. Lane, Daniel P. Laine, LERNER, DAVID, LITTENBERG, KRUMHOLZ & MENTLIK, LLP, Westfield, N.J. Attorneys for Defendant

          MEMORANDUM OPINION

          STARK, U.S DISTRICT JUDGE

         Plaintiff Visual Effect Innovations, LLC (“VEI”) filed suit against Defendant Sony Electronics Inc. (“Sony”) on September 7, 2017, alleging infringement of U.S. Patent Nos. 9, 699, 444 (“the ‘444 patent”), 9, 716, 984 (“the ‘874 patent”), 8, 864, 304 (“the ‘304 patent”), and 9, 167, 235 (“the ‘235 patent”). (D.I. 1) On November 29, 2017, Sony moved to partially dismiss the Complaint for failure to state a claim, pursuant to Federal Rule of Civil Procedure 12(b)(6), based on Sony's contention that the asserted claims of the ‘444 and '874 patents are not directed to patent-eligible subject matter under 35 U.S.C. § 101. (D.I. 12)

         For the reasons stated below, the Court will deny Sony's motion to dismiss.

         I. BACKGROUND

         The claims asserted from the ‘874 patent and the ‘444 patent relate to the modification of image frames in a video stream. Sony makes TVs that, according to VEI, modify image frames in a manner that infringes claim 1 of the ‘874 patent and claim 26 of the ‘444 patent. (D.I. 1 at ¶¶ 14-19, 26-33)

         A. The ‘874 Patent

         The ‘874 patent is entitled “Continuous Adjustable 3Deeps Filter Spectacles for Optimized 3Deeps Stereoscopic Viewing, Control Method and Means Therefor, and System and Method of Generating and Displaying a Modified Video.” Claim 1, which provides a method for “generating and displaying modified video, ” recites:

         A method for generating and displaying modified video, the method comprising:

(1) acquiring a source video comprising a sequence of image frames;
(2) obtaining a first image frame based on a selected one of the image frames of the source video;
(3) generating a modified image frame by performing one of:
(i) expanding the first image frame;
(ii) removing a first portion of the first image frame; and
(iii) stitching together the first image frame with a second portion of a second image frame; and
(4) generating a first altered image frame that includes first and second non-overlapping portions, wherein the first non-overlapping portion comprises a first selected portion of the modified image frame, wherein the first image frame does not include the second non-overlapping portion, wherein the ...

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