This morning the Federal Circuit released a nonprecedential opinion in a patent case appealed from the Patent Trial and Appeal Board. The Federal Circuit also released four nonprecedential orders. One summarily affirms; one dismisses an appeal for lack of jurisdiction; and two grant joint motions to voluntarily dismiss. Here is the introduction to the opinion, text from the summary affirmance, and links to the dismissals.
Netflix, Inc. v. DivX, LLC (Nonprecedential)
Appellants Netflix, Inc., and Hulu, LLC, (collectively, “petitioners”) petitioned for inter partes review of U.S. Patent No. 8,139,651 (“the ’651 patent”), which is owned by appellee DivX, LLC. The Patent Trial and Appeal Board instituted an inter partes review, and in its Final Written Decision, the Board held that none of the challenged claims were unpatentable based on the grounds asserted in the petition. We affirm in part, vacate in part, and remand.
Sanders v. United States (Nonprecedential Order)
Quordalis V. Sanders, who is incarcerated in Wisconsin state prison, appeals from an order of the United States Court of Federal Claims denying him leave to proceed in forma pauperis (IFP). He also moves for leave to proceed IFP on appeal, ECF No. 8; for a settlement conference, ECF No. 6; and for “intervention on remand,” ECF No. 15. The United States moves to dismiss the appeal for lack of jurisdiction or affirm.
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IT IS ORDERED THAT:
(1) The December 1, 2021, order of the Court of Federal Claims is summarily affirmed.
(2) All pending motions are denied.
(3) Each side shall bear its own costs.