Federal Circuit Affirms Alice Invalidation of Streaming Media Patents in Litigation Against Comcast and Verizon

November 3, 2017

The Federal Circuit has upheld the invalidation of four streaming media patents asserted against Comcast and Verizon under Alice (2016-2531, 2016-2532). In a decision issued on November 1, the appeals court affirmed an August 2016 order by District Judge Richard G. Andrews holding that the patents are impermissibly directed to variations on the abstract idea of “monitoring the delivery of information”. By so ruling, the Federal Circuit rejected various arguments by plaintiff Two-Way Media Ltd that the patents should have survived the second step of Alice because they are limited to certain network or system architectures, accepting Judge Andrews’s conclusion that the claim limitations at issue involve nothing more than generic computer components.

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