The Federal Circuit has vacated Central District of California Judge John A. Kronstadt’s grant of summary judgment of noninfringement that ended district court litigation between plaintiff Sound View Innovations, LLC and defendant Hulu. While the lower court’s construction of a key disputed limitation was affirmed, the Federal Circuit took issue with the failure to provide an affirmative construction for the term “buffer”, as used in the asserted claims, and therefore with the lower court’s grant of summary judgment on the basis that certain “caches” could not be the required “buffer”. The dispute between Sound View and Hulu will now resume, after remand, Judge Kronstadt having set a scheduling conference for mid-June.