In Realtek v. ITC & DivX, the Federal Circuit addressed a dispute regarding the alleged misconduct of DivX in altering its infringement theory against Realtek. Initially pursuing a particular infringement theory, DivX shifted gears after unfavorable rulings, leading Realtek to argue for sanctions due to material misrepresentation. Ultimately, the ITC dismissed Realtek's motion for sanctions, and the Federal Circuit upheld this dismissal, stating it had no jurisdiction to review the ITC's discretion regarding sanctions. The article critiques the court's reasoning in dismissing the appeal.
Realtek claimed that DivX's change in infringement theory constituted a material alteration that was improperly timed, thereby wasting resources and misrepresenting true allegations during the case.
The Federal Circuit stated they had no jurisdiction to review whether the ITC abused its discretion in refusing to impose sanctions on DivX for its actions.
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