Future Link Systems, LLC v. Realtek Semiconductor Corporation

Court of Appeals for the Federal Circuit·Decided September 9, 2025·No. 23-1056·Published

Opinion

United States Court of Appeals for the Federal Circuit

FUTURE LINK SYSTEMS, LLC, Plaintiff-Appellee

v.

REALTEK SEMICONDUCTOR CORPORATION, Defendant-Appellant

2023-1056, 2023-1057

Appeals from the United States District Court for the Western District of Texas in Nos. 6:21-cv-00363-ADA-DTG, 6:21-cv-01353-ADA, Judge Alan D. Albright.

Decided: September 9, 2025

BRIAN DAVID LEDAHL, Russ August & Kabat, Los Angeles , CA, argued for plaintiff-appellee. Also represented by REZA MIRZAIE, ANDREW D. WEISS.

MICHAEL MURRAY, Paul Hastings LLP, Washington, DC, argued for defendant-appellant. Also represented by RUDOLPH KIM, Palo Alto, CA.

Before REYNA, BRYSON, and STOLL, Circuit Judges.

STOLL, Circuit Judge.

2 FUTURE LINK SYSTEMS, LLC v.

REALTEK SEMICONDUCTOR CORPORATION

Realtek Semiconductor Corp. (“Realtek”) appeals the district court’s denial of (1) its motions for fees, costs, and sanctions; and (2) its discovery requests related to confidentiality . We hold that the district court erred in its denial of fees under 35 U.S.C. § 285 and costs under Federal Rule of Civil Procedure 54(d)(1) because, contrary to the district court’s decision, Realtek is a prevailing party. We also hold that the district court did not err in its denial of Rule 11 sanctions and fees under 28 U.S.C. § 1927. Finally , with the understanding that most of Realtek’s discovery requests are now irrelevant, we hold that the district court did not err in denying the sole discovery request that remains relevant on appeal. Accordingly, for the reasons that follow, we vacate-in-part, affirm-in-part, and remand.

BACKGROUND

Patent owner Future Link Systems, LLC (“Future Link”) initiated two (now-dismissed) patent infringement suits in the U.S. District Court for the Western District of Texas against Realtek, a global supplier of integrated circuits : (1) Case No. 6:21-cv-363 (the “363 case”) involving U.S. Patent No. 7,917,680; and (2) Case No. 6:21-cv-1353 (the “1353 case”) involving U.S. Patent Nos. 8,099,614 and 7,685,439. The ’680 patent “relates to improvements in electronic circuitry in computing devices and processors .” J.A. 231; see U.S. Patent No. 7,917,680. The ’614 and ’439 patents “generally relate to integrated circuits and power-saving features.” J.A. 4032; see U.S. Patent No. 8,099,614; U.S. Patent No. 7,685,439.

In July 2021, Future Link filed its operative complaint in the 363 case. Realtek’s accused products included “products that use processors supporting ARM AMBA AXI4 or newer and/or ARM AMBA CHI,” e.g., Realtek’s “RTD1295, RTD1296, RTD1395, RTD1315, RTD1319, and RTD1619” chips. J.A. 239. As the district court explained, Future Link alleged that Realtek’s “products infringe at least

FUTURE LINK SYSTEMS, LLC v. 3 REALTEK SEMICONDUCTOR CORPORATION

Claim 1 of the ’680 Patent because the accused products include a Quality-of-Service (‘QoS’) feature implemented in the AXI4 bus protocol specification.” J.A. 2. Two weeks after Future Link filed its operative complaint, Realtek sought dismissal for improper service and lack of personal jurisdiction. A few months later, in November 2021, Realtek moved for Rule 11 sanctions.

The following month, in December 2021, Future Link filed its operative complaint in the 1353 case, asserting the ’614 and ’439 patents and naming Realtek’s RTD1395 chip as a representative accused product. Realtek moved to dismiss that case based on improper service, failure to state a claim, and lack of personal jurisdiction.

In March 2022, Future Link produced a licensing agreement it had entered in 2019 with MediaTek, Inc., which is not a party to this litigation. MediaTek and Realtek compete in the semiconductor industry. That agreement provided that MediaTek would pay Future Link a lump sum amount if Future Link filed a lawsuit against Realtek. On March 31, 2022, Future Link entered a separate licensing agreement that covers accused Realtek products . Days later, in April 2022, Future Link voluntarily dismissed both cases without prejudice. Realtek then filed motions asserting that Future Link had filed objectively baseless suits and requesting attorneys’ fees and costs in both cases.

In September 2022, the district court issued a sealed omnibus order and memorandum opinion in both cases regarding fees, costs, and sanctions. This district court opinion contains the first of two sets of decisions at issue in this appeal. The district court denied: (1) Realtek’s motion for attorneys’ fees as sanctions under Rule 11 in the 363 case; (2) Realtek’s motion for attorneys’ fees under 35 U.S.C. § 285 in the 363 case; and (3) Realtek’s motion for attorneys ’ fees and costs under 28 U.S.C. § 1927 in both cases. The court did not, however, address Realtek’s request in 4 FUTURE LINK SYSTEMS, LLC v.

REALTEK SEMICONDUCTOR CORPORATION

the 363 case for costs under Rule 54(d)(1). The district court then granted-in-part Realtek’s motions for sanctions under the court’s inherent power by ordering that the voluntary dismissals by Future Link be modified to become dismissals with prejudice in both cases.

The following month, in October 2022, the district court held a discovery hearing and issued a corresponding discovery order in both cases. This order contains the second set of decisions at issue in this appeal. Realtek had: (1) argued that Future Link’s redactions to the district court’s sealed omnibus order were excessive, improper, and violated public policy; (2) sought limited relief from the “Outside Attorneys’ Eyes Only” designation on portions of the MediaTek license agreement; and (3) sought limited relief from the protective order to show outside counsel for Realtek , who are not counsel of record, certain materials produced in discovery. The district court denied Realtek’s requests.

Realtek appeals. We have jurisdiction under 28 U.S.C.

§ 1295(a)(1).

DISCUSSION

We begin by addressing whether the district court erred in denying fees under 35 U.S.C. § 285 and failing to address Realtek’s request for costs under Rule 54(d)(1) in the 363 case. We then evaluate whether the court erred in denying Rule 11 sanctions in the 363 case. After that, we address whether the court erred in denying fees under 28 U.S.C. § 1927 in both cases. Finally, we evaluate whether the district court erred in denying the sole discovery request that remains relevant on appeal.

I

Section 285 provides that “[t]he court in exceptional cases may award reasonable attorney fees to the prevailing party.” 35 U.S.C. § 285 (emphasis added). Rule 54(d)(1) provides that, “[u]nless a federal statute, [the Federal

FUTURE LINK SYSTEMS, LLC v. 5 REALTEK SEMICONDUCTOR CORPORATION

Rules of Civil Procedure], or a court order provides otherwise , costs—other than attorney’s fees—should be allowed to the prevailing party.” Fed. R. Civ. P. 54(d)(1) (emphasis added). We interpret the term “prevailing party” consistently between Rule 54(d) and § 285. B.E. Tech., L.L.C. v. Facebook, Inc., 940 F.3d 675, 677 (Fed. Cir. 2019). Accordingly , the first set of issues here—whether the district court erred in denying fees under § 285 and failing to address costs under Rule 54(d)(1) in the 363 case—turns on whether Realtek is a prevailing party. We hold that it is.

Whether a litigant is a prevailing party under § 285 and Rule 54 is a matter of Federal Circuit law that we review de novo. Dragon Intell. Prop., LLC v. Dish Network LLC, 956 F.3d 1358, 1361 (Fed. Cir. 2020) (section 285 context ); Power Mosfet Techs., L.L.C. v. Siemens AG, 378 F.3d 1396, 1407 (Fed. Cir. 2004) (Rule 54 context). “[T]he question of the effect of a dismissal with prejudice on 35 U.S.C. § 285” is also a matter of Federal Circuit law that we review de novo. Highway Equip. Co. v. FECO, Ltd., 469 F.3d 1027, 1032 (Fed. Cir. 2006).

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