Access practice tools, as well as industry leading news, customizable alerts, dockets, and primary content, including a comprehensive collection of case law, dockets, and regulations. Leverage...
By Peter Leung
June 1 — DISH Network Corp. has knocked out several claims in a patent being asserted against a common feature found in such streaming services as Netflix and Spotify.
The Patent Trial and Appeal Board on June 1 issued a final written decision that found four claims of CRFD Research Inc.'s patent lacked novelty and were obvious in light of the prior art. ( DISH Network LLC v. CRFD Research Inc., P.T.A.B., No. IPR2015-00627, final written decision 6/1/16 ).
DISH's success may weaken CRFD's position in its infringement lawsuits against companies including Netflix Inc., Spotify USA Inc. and Hulu LLC, though several of the patent's claims still remain. Several other defendants, including Amazon.com Inc. and Time Warner Cable Inc., have settled.Source Material:
DISH Network LLC v. CRFD Research Inc.
Final written decision: June 1, 2016
U.S. Patent No.: 7,191,233
CRFD's lawsuits against the various defendants were stayed pending the inter partes review proceedings (IPR) at the PTAB against the patent.
U.S. Patent No. 7,191,233 covers a method for “user-directed transfer of an on-going software-based session from one device to another.”
CRFD alleged that DISH's Hopper set top box, which allows a user to watch a video on one TV, stop and then resume viewing on another, infringed its patent. Its complaints against other defendants allege that similar features in their respective streaming services also infringe.
DISH's IPR petition is the fourth directed at this patent. In April, the PTAB issued a final written decision in an IPR brought by Iron Dome LLC, finding that claims 1-4, 6 and 8-11 are unpatentable.
However, several claims in the patent have survived attacks. On the same day the PTAB issued its final decision to the DISH petition, it also rejected a challenge brought by Hulu, Netflix and Spotify. In that decision, the board denied the petitioners' challenges to claims 1-6, 8-11, 13-15 17-20, 23-25, 29-31, 34-36 and 38-41.
The board also previously declined to institute an IPR petition filed by Unified Patents Inc.
Administrative Patent Judges Justin T. Arbes, Thomas L. Giannetti and Charles J. Boudreau decided the DISH matter, with Arbes writing the decision. Ascenda Law Group PC represented CRFD, while Kelley Drye & Warren LLP represented DISH.
To contact the reporter on this story: Peter Leung in Washington at email@example.com
To contact the editor responsible for this story: Mike Wilczek in Washington at firstname.lastname@example.org
Text is available at http://src.bna.com/fvp
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)