The case was heard in the Federal Court, Eastern District of Wisconsin, where Judge William C. Greisbach gave summary judgment on 7 June, saying: "the claimed method of the ‘712 patent does not embrace the method of manufacturing the content prior to distributing it".
Destiny opted for the court's "Fast Track” summary judgment procedure to dispose of the case speedily on the ground that Yangaroo's single patent claim could not be asserted against the activities of Destiny's server computers located in Canada and the UK. Relying on NTP, Inc. v Research in Motion, Ltd, No. 3:01CV767 (E.D. Va. August 5, 2003) the judge held that a patent claim over a method of distributing data does not establish liability under US patent law since transmitted data is not a “product” manufactured by the claimed process.