Vudu Streaming Service Must Face Patent Suit

MARSHALL, Texas (CN) - Patent-infringement claims against Wal-Mart's Vudu streaming service will move forward, a federal judge ruled.

Vudu is "an Internet-based home entertainment service" featuring movies and TV shows, its website says.

Wal-Mart bought the streaming service for more than $100 million in 2010, The New York Times reported.

Innovative Automation LLC sued Wal-Mart and Vudu in December, alleging infringement of its patent for supplying prestored digital data.

In a motion to dismiss, Wal-Mart and Vudu challenged the specificity of the complaint, claiming it did not identify the exact "aspect or functionality" of Vudu that allegedly infringes on its patent.

U.S. District Judge Rodney Gilstrap advanced the case Tuesday, however, relying on precedent from the Federal Circuit that says describing "precisely how each element of the asserted claims are practiced" is too stringent of a standard.

Innovative Automation satisfied the pleading requirements for a patent infringement complaint, according to the ruling.

"The plaintiff identified both the patent that has allegedly been infringed and the general description of allegedly infringing product," Gilstrap wrote.

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