Appeals Court Revives Netflix Challenge to Avago Streaming Tech

The Federal Circuit gave Netflix Inc. another chance to ax a patent asserted against it by Broadcom Corp.

Broadcom and Avago Technologies International Sales Pte. Ltd. sued Netflix in 2020 for allegedly infringing US Patent No. 7,457,722 and eight other patents through the sale of video streaming services. The suit prompted a validity challenge from Netflix at the Patent Trial and Appeal Board, which upheld the ‘722 patent.

But the tribunal interpreted a key term in the patent in a manner that “was incorrect,” according to Judge Alvin A. Schall in a Tuesday opinion, sending the case back to ...