JVC Kenwood Corp. v. Nero, Inc., No. 14-1011 (Fed. Cir. 2015)Annotate this Case
JVC sued Nero for contributory and induced infringement of JVC patents directed to uses of DVD and Blu-ray optical discs, based on Nero’s sale of software to end users of DVD and Blu-ray discs, who allegedly directly infringe the patents. JVC argued that each patent is essential to playing, copying, and recording data on an optical disc compliant with the DVD or Blu-ray standard. The Nero software must practice the patents because the Nero software is used in conjunction with standards-compliant DVD or Blu-ray optical discs. The district court held, on summary judgment, that JVC is “barred from asserting claims of direct infringement against end users for use of Nero software with DVD and Blu-ray optical discs made or sold by a party whose products have been expressly released from claims of infringement by JVC with regard to the Patents.” Absent direct infringement, Nero cannot be liable for indirect infringement. The Federal Circuit agreed that, on JVC’s theory and proffered evidence of infringement, summary judgment of non-infringement was properly granted.