{"id":1965,"date":"2025-03-04T10:10:53","date_gmt":"2025-03-04T10:10:53","guid":{"rendered":"https:\/\/ipfray.com\/?p=1965"},"modified":"2025-03-04T10:10:53","modified_gmt":"2025-03-04T10:10:53","slug":"an-attempt-to-distract-from-its-own-infringement-and-harass-broadcom-seeks-to-dismiss-netflix-countersuit-in-northern-district-of-california","status":"publish","type":"post","link":"https:\/\/ipfray.com\/staging1\/an-attempt-to-distract-from-its-own-infringement-and-harass-broadcom-seeks-to-dismiss-netflix-countersuit-in-northern-district-of-california\/","title":{"rendered":"An attempt to \u201cdistract\u201d from its own infringement and \u201charass\u201d: Broadcom seeks to dismiss Netflix countersuit in Northern District of California"},"content":{"rendered":"\n
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Context:<\/strong> In March 2020, Broadcom (Avago) initiated a slew of lawsuits against Netflix over video streaming patents in the Northern District of California, alleging that the company\u2019s business of selling \u201csemiconductor chips used in the set top boxes that enable traditional cable television services\u201d was substantially and irreparably harmed by Netflix (PDF<\/a>). Broadcom\u2019s next suits were filed in other jurisdictions, such as Germany, but the company suffered several setbacks in 2024: a Bundespatentgericht (Federal Patent Court of Germany) decision declaring one of its enforced patents invalid (PDF (in German)<\/a>) and a United States Court of Appeal for the Federal Circuit decision reviving (PDF<\/a>) two challenges brought by Netflix. To round out the year, Netflix then filed a countersuit against Broadcom and its VMware subsidiary in the Northern District of California, alleging that the companies had infringed five of its former HP patents (December 24, 2024 ip fray article<\/a>).<\/p>\n\n\n\n

What\u2019s new:<\/strong> Broadcom yesterday brought a motion to dismiss Netflix\u2019s countersuit in the Northern District of California. The motion comes approximately a week after the same court declined to grant an earlier Broadcom motion seeking to relate the countersuit to Broadcom\u2019s own patent infringement suit in the Eastern District of Texas (which was stayed pending inter partes review proceedings regarding the patents-in-suit in March 2022).<\/p>\n\n\n\n

Direct impact and wider ramifications:<\/strong> The court\u2019s decision to decline to relate the cases caused another dent in Broadcom\u2019s long-running enforcement campaign against Netflix. The company\u2019s motion to dismiss the countersuit therefore comes as no surprise \u2013 but it will be interesting to see whether the court grants it this motion or sides with Netflix again. The latter could make for an interesting turn in Broadcom\u2019s enforcement campaign, which Netflix has so far proven to be quite resilient and perseverant against.<\/p>\n<\/div>\n\n\n\n

This is the motion to dismiss Netflix’s countersuit:<\/p>\n\n\n\n