Court of Appeals for the Federal Circuit October 8, 2003, 02-1491 (Actv, Inc. And Hypertv Networks, Inc. v. The Walt Disney Company, American Broadcasting Companies, Inc., and Espn, Inc.)

LINN, Circuit Judge.

ACTV, Inc., and HyperTV Networks, Inc., (collectively “ACTV”) appeal an order of the United States District Court for the Southern District of New York, dismissing ACTV’s complaint after deciding, on motion for summary judgment, that The Walt Disney Company, American Broadcasting Companies, Inc., and ESPN, Inc., (collectively “Disney”) did not infringe the claims of U.S.