In an order filed Monday, Judge Forrest denied summary judgment in what she initially called a “relatively straightforward breach of contract case” where the only issue to determine at trial was the amount of damages owed by the defendant. VoiceAge Corp., a developer of speech and audio compression technologies sued Defendant RealNetworks, Inc., an internet streaming media service known for its RealPlayer application, for unpaid royalties in New York State Court. The case was moved to federal court last summer based on diversity. Expounding on the complexities of the case, Judge Forrest stated that “[b]ased on the submissions now before the Court, it is clear that there is a factual dispute between the parties as to (1) whether royalties are properly calculated on a per download or a per channel basis, and (2) whether there is a difference between what constitutes a ‘download’ and what constitutes a ‘channel’ for purposes of that calculation.”
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