KRATZ, QUINTOS & HANSON, LLP

IP Newsletter

IP Newsletter Volume XI, Issue No. 4

Championing Our Clients’ Innovations Since 1970

Volume XI, No. 4

IN ORDER TO SAVE A PATENT-INELIGIBLE ABSTRACT IDEA AS A PATENT-ELIGIBLE INVENTION, AN “INVENTIVE CONCEPT” MUST BE EVIDENT IN THE CLAIMS

By: Mel R. Quintos

 

In Two-Way Media Ltd. v. Comcast Cable Communications, LLC., decided on November 1, 2017, Two-Way Media Ltd. appealed, to the U.S. Court of Appeals for the Federal Circuit, the district court’s decision that the claims of its four patents-in-suit are directed to patent ineligible subject matter under 35 U.S.C. §101. The patents are entitled “Multicasting Method and Apparatus,” and generally relate to a system for streaming audio and visual data over a communications system (e.g., the internet). The patents describe the invention as an improved system for delivering real-time information. Within this system is a control mechanism, which manages the users who are to receive the real-time information. Shown below is Figure 1 of the patents-in-suit:

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