by Dennis Crouch
The Federal Circuit's short precedential decision in Realtek v. ITC & DivX addresses ITC sanctions proceedings. The alleged bad act here involves patentee DivX who arguably altered its infringement theory against Realtek midstream and then ultimately dismissed its complaint against the Taiwanese semiconductor company after that pathway was also cut off. Realtek thought that the ITC should sanction the patentee, but the ITC refused. The Federal Circuit recently dismissed the appeal -- holding that the court had no power to review this abuse of discretion claim.
Although the court's ultimate conclusion may be correct here, I explain below how the court's approach to the analysis is wrong.
To continue reading, become a Patently-O member. Already a member? Simply log in to access the full post.