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Patent Litigation Netflix

Jones Day

PTAB Terminates Institution in Netflix v. ???

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The Patent Trial and Appeal Board (PTAB) recently dismissed and terminated inter partes review challenging claims of U.S. Patent No. 8,495,167 (“the ’167 patent”). Netflix, Inc. v. Owner, IPR2022-01568, Paper 29 (PTAB March...more

Weintraub Tobin

(Podcast) The Briefing: Netflix to Pay $2.5M to GoTV for Patent Infringement

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Netflix has been ordered to pay GoTV Streaming $2.5 Million in damages for infringing one of its wireless technology patents. Scott Hervey and Eric Caligiuri discuss this update on this episode of The Briefing....more

Weintraub Tobin

The Briefing: Netflix to Pay $2.5M to GoTV for Patent Infringement

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Netflix has been ordered to pay GoTV Streaming $2.5 Million in damages for infringing one of its wireless technology patents. Scott Hervey and Eric Caligiuri discuss this update on this episode of The Briefing....more

Jones Day

PTAB Not Required to Decode Petitioner Arguments

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In a precedential opinion, the Federal Circuit affirmed two Patent Trial and Appeal Board (“PTAB”) patentability decisions, holding that the PTAB did not abuse its discretion by not addressing arguments not clearly presented...more

Alston & Bird

Patent Case Summaries | Week Ending October 27, 2023

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Netflix, Inc. v. DivX, LLC, Nos. 2022-1203, -1204 (Fed. Cir. (PTAB) Oct. 25, 2023). Opinion by Chen, joined by Linn. Dissenting opinion by Dyk. Netflix appealed two IPR final written decisions determining that Netflix failed...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - October 2023 #4

Netflix, Inc. v. DivX, LLC, Appeal Nos. 2022-1203, -1204 (Fed. Cir. Oct. 25, 2023) In its only precedential patent opinion this week, the Federal Circuit issued a cautionary note to petitioners in inter partes reviews. ...more

Knobbe Martens

“Magic Words” Unnecessary in Identifying Field of Endeavor for Analogous Art

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NETFLIX, INC. v. DivX, LLC - Before Hughes, Stoll, and Stark.  Appeal from the Patent Trial and Appeal Board. Summary: Petitioner was not required to explicitly identify secondary reference’s “field of endeavor” using...more

Kilpatrick

No Magic Words Required: Clarifying What Constitutes “Analogous Art” in PTAB Proceedings

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PTAB petitioners frequently assert that claims are invalid as obvious over a combination of prior art references. A threshold requirement in any obviousness inquiry is whether the prior art constitutes analogous art. On...more

Weintraub Tobin

Podcast: The Briefing by The IP Law Blog - Court Rules Litigation Funding Not Relevant in Netflix v. GoTV

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A court denied Netflix’s request for GoTV Streaming to supply documents relating to the source of its patent litigation funding. Scott Hervey and Eric Caligiuri discuss this dispute on this episode of The Briefing by the IP...more

Weintraub Tobin

The Briefing by The IP Law Blog: Court Rules Litigation Funding Not Relevant in Netflix v. GoTV

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A court denied Netflix’s request for GoTV Streaming to supply documents relating to the source of its patent litigation funding. Scott Hervey and Eric Caligiuri discuss this dispute on this episode of The Briefing by the IP...more

Jones Day

Insufficient Arguing Below Causes Forfeited Review Above

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Absent exceptional circumstances, the Federal Circuit will generally not consider arguments that a party failed to present in the tribunal under review. In Netflix, Inc. v. DivX, LLC, the Federal Circuit held that IPR...more

Weintraub Tobin

Court Denies Attempts to Compel Disclosure of Litigation Funding Documents

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In GoTV Streaming, LLC v. Netflix, Inc., 2-22-cv-07556 (CDCA May. 24, 2023) (Shashi H. Kewalramani), the Central District of California denied Defendant Netflix’s attempts to compel Plaintiff GoTV Streaming to provide...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Looks to Expert Testimony to Construe Patent with Ambiguous Intrinsic Record

On December 15, in Uniloc 2017 LLC v. Netflix, Inc. (nonprecedential), the Federal Circuit affirmed a Patent Trial and Appeal Board (PTAB) determination that a claim of Uniloc’s U.S. 6,584,229 patent was unpatentable as...more

BakerHostetler

Federal Circuit: AI Cannot Be a Named ‘Inventor’ Under the Patent Act

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​​​​​​​On August 5, 2022, the Federal Circuit in Thaler v. Vidal ruled that an artificial intelligence (AI) system cannot be listed as a named inventor on a patent application, affirming the United States Patent and Trademark...more

WilmerHale

Federal Circuit Patent Watch: The Patent Act defines “inventor” as limited to natural persons

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Precedential Federal Circuit Opinions - REALTIME ADAPTIVE STREAMING LLC v. NETFLIX, INC. [OPINION] (2021-1484, 2021-1485, 2021-1518, 2021-1519, July 27, 2022) (Newman, Reyna, and Chen) - Chen, J. Affirming district...more

Knobbe Martens

Motive Matters – Forum Shopping Can Lead To Attorneys’ Fees

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Summary: Courts may use their inherent equitable powers to award attorneys’ fees for bad faith conduct....more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (July 25-29): Following The Letter But Not The Spirit Of The Rules

Sometimes just because the rules permit something doesn’t mean doing it is a good idea. As our latest case-of-the-week shows, the result could be an award of attorney fees. Case of the week: Realtime Adaptive Streaming...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up - October 2021

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This post summarizes some of the significant developments related to patent litigation in federal district courts of Texas for the month of October 2021....more

Jones Day

Deposition Exhibits Allowed With Sur-Replies (Sometimes)

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Under the Board’s rules, a patent owner gets to have the last word in a PTAB proceeding by filing a sur-reply to the petitioner’s reply.  Sur-replies may only respond to arguments raised in the reply, and the “sur-reply … may...more

Foster Garvey PC

Sports & Entertainment Spotlight: Risks of NIL Pitfalls Prove Greater Than ‘NIL’

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Just two weeks into the name, image, and likeness (NIL) era in college sports, and we are already starting to see not only novel and creative partnerships, but also the emergence of legal gray areas and pitfalls for college...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Arctic Cat v. Bombardier deals with obviousness, patent marking, reasonable royalties, willfulness and enhanced damages. The panel affirms all of the district court’s rulings other than as to patent marking, which it remands...more

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