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Inter Partes Review (IPR) Proceeding 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

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

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

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

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