Fresh From the Bench: Latest Precedential Patent Case
Contributed by Schwabe Williamson & Wyatt. Originally published on Patexia; republished here as part of the LexDana archive.
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
More insights
Fresh From the Bench: Latest Precedential Patent Case
Ridge Corp. et al. v. Kirk NationaLease Co. et al. , Appeal No. 2025-1254 (Fed. Cir. July 13, 2026) In its only precedential patent opinion last week, the Federal Circuit considered an appeal of a preliminary injunction issued by the U.S. District Court…
Fresh From the Bench: Latest Precedential Patent Cases
CASE OF THE WEEK Wyeth LLC v. AstraZeneca Pharmaceuticals LP , Appeal No. 2024-2325 (Fed. Cir. July 9, 2026) In our Case of the Week, the Federal Circuit affirmed a district court ruling reversing a $107.5 million jury verdict against AstraZeneca in a case…
Enanta Pharmaceuticals, Inc. v. Pfizer Inc., Appeal No. 2025-1427 (Fed. Cir. Jun. 23, 2026)
CASE OF THE WEEK Enanta Pharmaceuticals, Inc. v. Pfizer Inc., Appeal No. 2025-1427 (Fed. Cir. Jun. 23, 2026) In our Case of the Week, the Federal Circuit affirmed summary judgment invalidating all claims of Enanta’s Patent No. 11,358,953 as…