Justia Daily Opinion Summaries

Intellectual Property
October 27, 2023

Table of Contents

Netflix, Inc. v. DivX, LLC

Intellectual Property, Patents

US Court of Appeals for the Federal Circuit

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Intellectual Property Opinions

Netflix, Inc. v. DivX, LLC

Court: US Court of Appeals for the Federal Circuit

Docket: 22-1203

Opinion Date: October 25, 2023

Judge: Raymond T. Chen

Areas of Law: Intellectual Property, Patents

Divx’s 720 and 515 patents relate to a method for adaptive bitrate streaming of content on a playback device, such as a mobile phone or personal computer. “Adaptive bit rate streaming involves detecting the present streaming conditions (e.g., the playback device’s network bandwidth and video decoding capacity) in real-time and adjusting the quality of the streamed media accordingly.” On inter partes review, the Patent Trial and Appeal Board held that Netflix did not meet its burden of proving challenged claims in the patents unpatentable under 35 U.S.C. 103.

Netflix’s appeal argued that the Board failed to address several arguments purportedly raised in Netflix’s petitions. The Federal Circuit found no error in how the Board understood Netflix’s petition arguments and affirmed. It is the petitioner’s burden to make clear when alternative arguments are being presented and to sufficiently expound on each one. The Board should not have to work as hard as Netflix wants to identify all arguments fairly presented in a petition.

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