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NETFLIX, INC. v. DIVX, LLC

2022-1138.

80 F.4th 1352 (2023)

NETFLIX, INC., Appellant v. DIVX, LLC, Appellee.

United States Court of Appeals, Federal Circuit.

Decided: September 11, 2023.

Attorney(s) appearing for the Case

Thomas Saunders , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, DC, argued for appellant. Also represented by David P. Yin ; Mark Christopher Fleming , Jamie N. Haddad , Boston, MA.

Nathan Nobu Lowenstein , Lowenstein & Weatherwax LLP, Santa Monica, CA, argued for appellee. Also represented by Parham Hendifar , Kenneth J. Weatherwax .

Before Hughes, Stoll, and Stark, Circuit Judges.

Netflix, Inc. appeals the Patent Trial and Appeal Board's final written decision in an inter partes review of U.S. Patent No. 8,472,792. Netflix challenges the Board's finding that an asserted prior art reference fails to qualify as analogous art. We hold that the Board abused its discretion in determining that Netflix failed...

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