The day before trial began On June 22, 2009, the overseeing judge in this patent infringement case made a viable decision by choosing to use the special master's construction of a disputed claim.

Back in 1991, Jeffrey Tenenbaum and Hochstein came up with the idea of communicating while playing the same video game live in different locations. They patented the technology for doing so in 1994. In 2002, Microsoft released Xbox Live, a gaming option that also allows players to communicate while playing the same game. Sony also released similar capabilities for PlayStation 2. but settled its suit in April 2009, leaving Microsoft as the only remaining defendant. 2004, Hochstein, Tenenbaum and Harold Milton, Jr. (an assignee of the patent) brought a patent infringement suit against Microsoft and Sony alleging that the voice and data communications technology used in the gaming systems infringed on the patent claims. For relief they sought a permanent injunction and treble damages. http://www.patentarcade.com/2009/07/case-update-hochstein-v-microsoft.html