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OpenTV Settles Patent Lawsuit Against Liberate

Interactive TV vendor OpenTV said it has settled its patent-infringement lawsuit against Liberate Technologies, and as part of the settlement the interactive TV joint venture of Comcast and Cox Communications agreed to pay OpenTV $1.5 million.

OpenTV’s lawsuit, filed in February 2002, claimed that Liberate infringed two patents held by OpenTV relating to interactive television.

In April 2005, TVWorks, a joint venture of Comcast and Cox, acquired substantially all of Liberate’s North American assets. Under an agreement between OpenTV and TVWorks, OpenTV has “agreed to release TVWorks from past liability it acquired from Liberate.” 

OpenTV noted that it did not grant a patent license to TVWorks and that it reserved any rights it may have against TVWorks based on its activities, including any activities involving the Liberate assets since the date of acquisition.

Under the terms of the settlement, Liberate acknowledged that OpenTV’s patents are valid and enforceable and admitted infringement. On Wednesday, the U.S. District Court for the Northern District of California issued an order permanently restraining and enjoining Liberate from infringement of the OpenTV patents. In addition, Liberate dismissed all of its counterclaims against OpenTV.