FORM 8-K
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UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, DC 20549
FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(D) OF THE SECURITIES EXCHANGE ACT OF 1934
Date of Report (Date of earliest reported) APRIL 10, 2003
USA VIDEO INTERACTIVE CORP.
(Exact name of registrant as specified in its chapter)
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WYOMING 0-29651 06-15763-91
(State or other jurisdiction (Commission (IRS Employer
of incorporation File Number) Identification No.)
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83 HALLS ROAD, OLD LYME, CONNECTICUT 06371
(Address of principal executive offices) (Zip Code)
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(860) 434 - 5535
Registrant's telephone number, including area code
Not Applicable
(Former name or former address, if changed since last report)
ITEM 5. OTHER EVENTS AND REGULATION FD DISCLOSURE.
On April 10, 2003, the Registrant announced that its subsidiary, USA Video
Technology Corporation, had today filed a lawsuit in the U.S. District Court for
the District of Delaware against Movielink, LLC. The Registrant alleges that
Movielink, a Delaware company, has infringed and continues to infringe on the
Registrant's patented online movie delivery system.
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS.
Exhibit 99.1 News Release dated April 10, 2003.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the
registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
USA VIDEO INTERACTIVE CORP.
Date : April 10, 2003 By : /s/ Anton J. Drescher
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ANTON J. DRESCHER,
CORPORATE SECRETARY
USA VIDEO TECHNOLOGY CORP TAKES ON HOLLYWOOD
SAYS TOP MOVIE STUDIOS INFRINGE ON
PATENTED VIDEO DELIVERY TECHNOLOGY
For information contact, Jamie Moss (201-493-1027)
APRIL 10, 2003 - OLD LYME, CONNECTICUT - USA Video Interactive (OTCBB: USVO;
TSX: US; BSE/Frankfurt: USF; http://www.usvo.com/) - The Oscars are over, but
more movie news this year may ultimately come from a Delaware courtroom. At
least that's the prediction as a technology company based in Connecticut squares
off against a movie industry giant for the rights to the technology that can
deliver movies over the Internet.
Millions of movie fans worldwide may ultimately be affected by the outcome of a
suit being filed today in the U.S. District Court for the District of Delaware
by Connecticut-based USA Video Technology Corporation (a subsidiary of USA Video
Interactive Corp. (USVO)) against Movielink, LLC. USA Video Technology
Corporation alleges that Movielink, a Delaware company, has infringed and
continues to infringe on its patented online movie delivery system.
USA Video Technology Corporation is a developer, supplier and owner of the
patent-in-suit that covers media delivery services that allow Internet users to
request and receive digitized movies online. According to court papers being
filed by intellectual property attorneys at Steptoe & Johnson LLP, Movielink has
been making, using, selling and offering to sell systems and services that
infringe upon U.S. Patent No. 5,130,792 (USP 5130792) for this technology.
According to Erik B. Cherdak, one of the attorneys from Steptoe's Washington,
D.C. office, "Movielink operates a website that allows an individual to request
a movie online and have it transmitted in digital form to a personal computer or
other output device for personal storage and playback. It's a great idea, but,
as the movie studio members of the limited liability company that make up
Movielink are well aware, the technology being used to accomplish this
transaction is patented and the plaintiff has not consented to nor been
compensated for its use. That is the basis for today's suit."
Steptoe's J. William Koegel, Jr. and Jeffrey T. Hsu also are handling the case.
According to Edwin Molina, President of USVO, the patented technologies
represent an advance in home movie entertainment, and may well spell the end of
video rental stores by making it possible for Internet users to secure almost
any movie, any time, from any location with online access and without having to
leave their homes. "The potential for this technology is enormous," said
Molina. "The fact that the major studios have already moved forward to deploy
it, albeit in violation of the patent, makes it clear that the home distribution
of movies has already entered a new era."
The suit identifies Warner Brothers, Paramount Pictures Corporation, Metro
Goldwyn-Mayer, Universal Studios, and Sony Pictures Entertainment as members of
the limited liability company that owns and operates Movielink, LLC and the
www.movielink.com website service. Movies made by these studios - including My
Big Fat Greek Wedding, The Bourne Identity, Fear Dot Com and 24 Hour Party
People -- are presently available for download on a fee basis from the
movielink.com site. According to the complaint, rights to the technology being
used by the studios on the site belong to USVO's subsidiary.
The plaintiff is asking the Delaware federal court for a declaratory judgment of
both infringement and willful infringement, permanent injunctive relief,
compensatory and treble damages, interest, legal costs, as well as a jury trial
on all appropriate issues. According to Steptoe's Cherdak, "The plaintiff is
seeking to be fairly compensated for acts of infringement of the patent-in-suit
and is seeking all forms of relief available under the law. It's now up to the
Court."
# # #
Steptoe & Johnson LLP has gained a national and international reputation for
vigorous representation of clients before governmental agencies, exceptional
advocacy in litigation and arbitration, and creative and practical advice in
guiding business transactions. With more than 350 attorneys, the firm has
offices in Washington, D.C., Phoenix, Los Angeles, London, and Brussels.
USVO is a developer and supplier of Internet media delivery services, systems,
and innovative end-to-end solutions. The Company developed its StreamHQ(tm)
architecture to provide a wide range of business customers with value-added
media delivery services. USVO holds the pioneering patent for store-and-forward
video, filed in 1990 and issued by the United States Patent and Trademark Office
on July 14, 1992; it has been cited by at least 145 other patents. USVO holds
similar patents in Germany, Canada, England, France, Spain, and Italy. For more
information, visit www.usvo.com. USA Video Interactive Corporate Headquarters
Office: 83 Halls Road, Old Lyme, Connecticut, 06371; Canada Office: 507 - 837
West Hastings Street, Vancouver, BC V6C 3N6. Trading symbol on the OTCBB:
USVO; Trading symbol on the TSX Venture Exchange US; Trading symbol on the
Berlin and Frankfurt Stock Exchanges: USF. CUSIP 902924208. For more information
contact info@usvo.com.
This press release may contain forward-looking statements. Actual results may
differ materially from those projected in any forward-looking statements.
Investors are cautioned that such forward-looking statements involve risk and
uncertainties, which may cause actual results to differ from those described.
The TSX Venture Exchange (TSX) has not reviewed and does not accept
responsibility for the adequacy or accuracy of this release.