Judge Scolds Netflix for Premature Motion in Patent Case - McDermott Will & Emery

Judge Scolds Netflix for Premature Motion in Patent Case

Overview


McDermott, as counsel to Rovi Corp. in its patent litigation versus Netflix Inc., protested against that company’s lawyers prematurely bringing a Section 101 eligibility challenge to patents on interactive TV listings, calling it a surprise motion over the holidays that effectively sought two bites at claim construction. The California federal judge in the case sided with Rovi.