In another case where claims of indirect infringement failed absent proof of direct infringement by downstream users, on August 17, 2015, in JVC Corp. v. Nero, Inc., No. 2014-1011, the U.S. Court of Appeals for the Federal Circuit affirmed the grant of summary judgment of non‑infringement of JVC’s standard-essential patents. The Federal Circuit concluded that the U.S. District Court for the Central District of California correctly held that JVC could not show indirect infringement by Nero and Arcsoft, Inc. arising from the sale of software to end users of DVD and Blu-ray discs. JVC did not proffer evidence of specific direct infringement by any end user. Instead, JVC’s theory of infringement rested on the theory that the defendants’ software “must practice the [p]atents because the  software is used in conjunction with the standards-compliant DVD or Blu-ray” discs. The Federal Circuit affirmed the district court’s reasoning that, because the patent claims were embodied by the standards-compliant discs, direct infringement was negated by the “extensive licensing program” associated with those discs: “JVC cannot have it both ways—either the Patent is essential and licensed or JVC cannot rely on the standards to show infringement[.]” The Federal Circuit vacated the district court’s grant of summary judgment on the alternative ground that end users’ use of the accused software with licensed discs was subject to the affirmative defense of patent exhaustion, finding that the record was too “sketchy” to establish that the exhaustion doctrine applied.