No. 18-124

Two-Way Media Ltd. v. Comcast Cable Communications, LLC, et al.

Lower Court: Federal Circuit
Docketed: 2018-07-27
Status: Denied
Type: Paid
Tags: 35-usc-101 abstract-idea factual-questions innovation-specificity motion-to-dismiss patent-claims patent-eligibility patent-eligibility-under-35-usc-101 patent-specification section-101 specificity-requirement technological-architecture
Key Terms:
Patent
Latest Conference: 2018-10-12
Question Presented (AI Summary)

Innovative-technological-architecture-for-online-media-streaming

Question Presented (OCR Extract)

QUESTIONS PRESENTED Section 101 of the Patent Act, 35 U.S.C. § 101, establishes the broad categories of subject matter that are patent-eligible and has been construed to exclude abstract ideas. Section 101 is directed to the patent as a whole and does not impose substantive requirements beyond delineating the patent-eligible subject such as specificity and enablement are dealt with in other provisions of the Patent Act. In this case, the district court and court of appeals agreed that the patents-in-suit are directed to an innovative technological architecture that improves the functionality of online media streaming. But both courts nevertheless concluded that the patents’ claims are directed to an abstract idea—and are therefore ineligible under Section 101—because the asserted claims, read in isolation, do not describe with sufficient specificity how to achieve the innovation. In reaching that conclusion, the courts expressly ignored the detailed description of the inventions in the rest of the specification and refused to consider proffered evidence demonstrating how the inventions solved existing technical problems and added significant innovative concepts to the prior art. The questions presented are: 1. In order to clear the threshold eligibility determination under 35 U.S.C. § 101, must a patent include in its claims a sufficient level of specificity such that the claims, read in isolation, fully describe the nature of the innovation and the means of achieving it? 2. Does a court’s determination that a claim is ineligible under 35 U.S.C. § 101 because it is not ll directed to an inventive concept that was previously unknown in the art require resolution of underlying factual questions that, when disputed, cannot be resolved on a motion to dismiss?

Docket Entries

2018-10-15
Petition DENIED.
2018-09-26
DISTRIBUTED for Conference of 10/12/2018.
2018-09-25
Reply of petitioner Two-Way Media Ltd. filed.
2018-09-12
Brief of respondents Comcast Cable Communications, LLC, et al. in opposition filed.
2018-08-27
Motion to extend the time to file a response is granted and the time is extended to and including September 12, 2018.
2018-08-23
Motion to extend the time to file a response from August 27, 2018 to September 12, 2018, submitted to The Clerk.
2018-07-27
Petition for a writ of certiorari filed. (Response due August 27, 2018)
2018-05-08
Application (17A1229) granted by The Chief Justice extending the time to file until July 27, 2018.
2018-05-07
Application (17A1229) to extend the time to file a petition for a writ of certiorari from June 7, 2018 to July 27, 2018, submitted to The Chief Justice.

Attorneys

Comcast Cable Communications, LLC, et al.
Brian Lee FerrallKeker, Van Nest & Peters, LLP, Respondent
Two-Way Media Ltd.
Sarah E. HarringtonGoldstein & Russell, P.C., Petitioner
Verizon Services Corp. and Verizon Online LLC
Geoffrey Paul EatonWinston & Strawn LLP, Respondent