Fresh From the Bench: Latest Federal Circuit Court Case
CASE OF THE WEEK
Realtime Adaptive Streaming LLC v. Netflix, Inc., Appeal Nos. 2021-1484, -1485, -1518, -1519 (Fed. Cir. July 27, 2022)
In our Case of the Week, the Court of Appeals for the Federal Circuit concisely affirmed an award of attorneys’ fees for gamesmanship that can be politely characterized as “impermissible forum shopping.” Judge Reyna dissented because he did not think the sanctions went far enough.
Realtime brought a patent infringement action against Netflix in the District of Delaware. Netflix moved to dismiss the action on the bases that Realtime failed to plead a claim and that four of the six patents-in-suit were invalid under 35 U.S.C. § 101. While the motion to dismiss was pending, Netflix moved to transfer the action to the Northern District of California, and filed for inter partes review at the USPTO. In response to the motion to transfer, Realtime argued that, with no ties to the Northern District of California, requiring Realtime to litigate there would create an “unfair” burden on Realtime, with “greater expense, additional travel, and more work for Realtime.”