Disney Faces Patent Infringement Lawsuit for “Disney Genie”
According to a report from Florida Politics, Disney is facing a patent infringement lawsuit for the supposed misuse of an innovative software technology that two former employees developed. Disney is accused of using the patent-protected software without authorization in order to develop “Disney Genie.” Here, our Boca Raton patent litigation attorney provides a more comprehensive overview of the allegations raised against the company.
An Overview of Disney Genie
Disney Genie is a complimentary planning tool that is integrated into the My Disney Experience application. It is designed to help guests optimize their time in the park. Along with other things, Disney Genie provides personalized recommendations to customers, dining, and entertainment options, and real-time updates on what is happening within the park.
Patent Infringement Allegations (Disney Genie)
A company named Agile Journeys—led by two former Disney employees Michael Eaton and William Redmann—has filed a federal lawsuit against the large Florida-based entertainment company. They allege that Disney knowingly infringed on their patented trip-planning software—the 983 Patent—which was reportedly developed in the early 2000s. Among other things, Agile Journeys claims Disney was aware of their invention and used patented technology without authorization.
Disney has countered the lawsuit. They deny that any patent infringement occurred. The legal battle in this high-stakes patent infringement case is still ongoing. A trial is set to go before the United States Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) for January of 2025. Notably, as part of IP law dispute, Disney is seeking to invalidate the 983 Patent.
The Elements of Patent Infringement
Patent infringement is a violation of the rights of the patent owner. It happens when a party makes, uses, sells, or distributes a patented invention without the proper authorization. To successfully prove patent infringement, the patent holder must establish the following required elements:
- Patent Ownership: First and foremost, the plaintiff must prove that they hold a valid, enforceable patent granted by the USPTO. The patent must still be in effect, as expired or invalidated patents cannot form the basis of an infringement claim.
- Unauthorized Use: Next, the alleged infringer must be shown to have used, made, sold, or distributed the patented invention without the patent owner’s consent. Any action outside the scope of a licensing agreement may constitute unauthorized use.
- Coverage: Next, the claimant must prove coverage. In effect, this requires establishing that the alleged infringement actually falls within the scope of the patent. A Florida IP infringement lawyer can help you build a strong claim or a strong defense.
- Direct/Indirect Infringement: Finally, the plaintiff must prove either direct or indirect infringement. Direct infringement occurs when a party violates the patent themselves. In contrast, indirect infringement is a contribution to infringement.
Consult With Our Florida Patent Infringement Attorney Today
At Perkins Law – Brand Protection, our Florida IP lawyer attorneys have the patent law knowledge to help you find the best path forward. If you have any questions about a patent dispute—including an infringement case—we can help. Contact our firm today for a fully confidential initial appointment. From our Boca Raton office, our firm provides patent infringement services all across South Florida.
Source:
floridapolitics.com/archives/709420-did-disney-steal-the-tech-behind-disney-genie/
