(Carlsbad, Calif., – October 25, 2018) – On October 24, 2018, the Western District of Pennsylvania issued a favorable claim construction to Blast Motion, Inc. (“Blast Motion”) in the ongoing five-patent lawsuit between Blast Motion and Diamond Kinetics, Inc. (“Diamond Kinetics”). Diamond Kinetics challenged, and lost, the key term it had selected for construction.
U.S. Patent No. 9,039,527 (“the ’527 patent”) is entitled “Broadcasting Method for Broadcasting Images with Augmented Motion Data.” The ’527 patent is a fundamental patent that covers the capability to share motion capture and image data with multiple display devices. Blast Motion accuses Diamond Kinetics of infringement of the ’527 patent based in part on the ability of Diamond Kinetics’ SwingTracker mobile application for “connecting other players or coaches in other teams or groups via Diamond Kinetics’ cloud solution” and “sharing and sending via text, Facebook, Twitter or otherwise.”
Diamond Kinetics attempted to narrow the scope of the claim language of the ’527 patent by proposing a construction that would have limited the patented invention to a “simultaneous” broadcast such as television broadcasting. The Court soundly rejected Diamond Kinetics’ proposed limiting construction and interpreted “broadcasting,” as used in the ’527 patent, to mean “transmitting information capable of being received by multiple display devices.” As a result, the Court’s order confirms the strength of Blast Motion’s infringement allegations against Diamond Kinetics.
Diamond Kinetics has failed to identify any prior art to challenge the validity of the asserted Blast Motion patents.
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