Federal Circuit

Fortress entity DivX video codec patent affirmed invalid by Federal Circuit

On June 24, 2025, the Federal Circuit affirmed the Patent Office's final decision, in a summary Rule 36 affirmance, confirming that the challenged claims 1 and 10 of U.S. Patent 10,326,987 were unpatentable. Owned by DivX, LLC, an affiliate of Fortress Investment Group, this filing was a part of Unified's ongoing efforts in its SEP Video Codec Zone. The '987 patent was asserted against Hulu and is directed to encoding alternative streams of video for use in adaptive bitrate streaming.

View district court litigations by DivX. To read the petition and review the case record, view IPR2021-01476 on Unified’s Portal. Unified was represented by Angela Oliver, Adam Erickson, Debbi McComas, and David McCombs of Haynes and Boone, and by in-house counsel, Jessica L.A. Marks and Roshan Mansinghani.

Gesture Tech sensor patent invalidity confirmed by Fed. Circuit

On March 4, 2025, the Federal Circuit affirmed in a non-precedential opinion the Board’s final written decision invalidating claims of U.S. Patent 7,933,431. Owned by Gesture Technology Partners, LLC, the ‘431 patent is generally related to using human motion as an input device for computers and mobile devices. It had been asserted against Huawei, Samsung, Apple, Lenovo, and LG.

View district court litigations by Gesture Technology Partners. To read the petition and view the case record, visit Unified’s Portal. Unified was represented by Debbie McComas and Angela Oliver of Haynes and Boone, LLP and by in-house counsel, Alyssa Holtslander and Roshan Mansinghani, in this proceeding.

IP Bridge HEVC/AV1 patent invalidity confirmed by Fed. Circuit

On December 3, 2024, the United States Court of Appeals for the Federal Circuit summarily affirmed the PTAB’s ruling that all challenged claims of U.S. Patent 7,515,635 are unpatentable under Rule 36. The patent is owned by Godo Kaisha IP Bridge. The patent was claimed to be essential as part of the Access Advance patent pool, as well as SISVEL’s VP9 and AV1 patent pools.

Unified was represented by Theodoros Konstantakopoulos of Desmarais LLP and in-house counsel, Roshan Mansinghani and Jessica L.A. Marks, in this proceeding.

To view any documents of the reexamination proceedings, visit Unified’s portal: https://portal.unifiedpatents.com/exparte/90014645

Unified Files Amicus for En Banc Review of EcoFactor v. Google in Fed. Cir.

On November 26, 2024, Unified filed an amicus brief with the en banc Federal Circuit in EcoFactor, Inc. v. Google LLC, No. 23-1101. The full Court will be reviewing the proper standard under Rule 702 for admissibility of expert testimony regarding reasonable royalties in patent cases. Specifically, the Court will be considering a decision involving the admissibility of expert testimony that relied primarily on an inoperative clause stating the patent owner's "belief" to extract a single-patent royalty from lump-sum settlement agreements covering many patents. Unified wrote to advise the court on the prejudicial harms of admitting outsized damages theories before a jury.

Unified Patents is represented by William G. Jenks of Jenks IP Law, and by in-house counsel, Michelle Aspen and Jonathan Stroud. Download the amicus brief below.

Amicus filed in Dragon IP Fed. Cir. Appeal, Supporting en banc Review of Attorneys Fees

On August 19, 2024, Unified filed an amicus brief in support of an en banc review of a decision that insulates the attorneys and funders who control shell companies that file objectively baseless cases from § 285 fees. The brief also recommends review of the panel's holding that precludes district court judges from rewarding fees related to inter partes review proceedings in exceptional cases, even when those proceedings resolve a related district court case.

Unified Patents is represented by William G. Jenks of Jenks IP Law, and by in-house counsel, Jonathan Stroud and Michelle Aspen. Download the amicus brief below.