Federal Circuit Nixes Realtek Bid to Get DivX Sanctioned by ITC

The Federal Circuit tossed out Realtek Semiconductor Corp.'s bid to get DivX LLC sanctioned for patent-assertion activity at the US International Trade Commission.

The ITC was acting within its discretion when it declined to force DivX to present evidence relevant to Realtek’s accusations of sanctionable conduct and such “decisions are unreviewable,” Judge Jimmie V. Reyna wrote in a precedential opinion issued Tuesday by the US Court of Appeals for the Federal Circuit.

Realtek’s appeal sought to address the rise of patent infringement suits at the ITC and patent owners that it said “are increasingly abusing that forum.” Realtek argued DivX ...