Netscape Communications Corp. v. ValueClick, Inc.

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

At issue on summary judgment in this patent infringement suit is whether certain materials qualify as prior art references that may anticipate, and thus invalidate, U.S. Patent No. 5,774,670 (“the '670 pat ent”), colloquially known as the “Internet cookies” patent, under 35 U.S.C. § 102. 1

I

The following undisputed material facts are pertinent to defendants’ 2 prior art invalidity defense: 3

1. In the summer and fall of 1994, plaintiff developed and sold to MCI Communications Corp. (“MCI”) software that was to be integrated into MCI’s online…