Fresh From the Bench: Latest Precedential Patent Case
CASE OF THE WEEK
Realtime Adaptive Streaming L.L.C. v. Sling TV, L.L.C., Appeal No. 2023-1035 (Fed. Cir. August 23, 2024)
In its only precedential patent decision this week, the Federal Circuit helped clarify which facts may be considered by a district court in its “exceptional case” determination to award attorneys’ fees pursuant to Section 285.
Realtime Adaptive Streaming, L.L.C. sued Sling TV, DISH Technologies, and others for infringing two patents: its “535 patent” and its “610 patent.” While this case was being litigated, the claims of the patents were being litigated in other fora. In a case brought in California against Google, the district court found claims 15-30 of the ’535 patent ineligible, but claims 1-14 eligible, for patenting. In a case brought in Delaware against Netflix, the district court found claim 15 of the ’535 patent (as a representative claim) ineligible for patenting.
Editors:
Nika Aldrich, IP Litigation Group Leader, Schwabe
Jason A. Wrubleski, Shareholder