November 10, 2017
Authored and Edited by John E. Nappi; Lillian M. Robinson; Elizabeth D. Ferrill
The Federal Circuit affirmed the decision of the Delaware District Court in Two-Way Media, Ltd. v. Comcast Cable Communications, Inc., Nos. 16-2531, 16-2532 (Fed. Cir. Nov. 1, 2017), determining that Two-Way Media’s patents were invalid under 35 U.S.C. § 101. The patents at issue claimed an improved scalable architecture for delivering real-time audio and video information to multiple recipients using a communications system, such as the internet.
The Federal Circuit reviewed Two-Way Media’s patents following the steps provided in Alice Corp. v. CLS Bank International, 134 S. Ct. 2347 (2014). The Court determined that the claims failed step one of Alice because the claims were directed to a judicial exception (an abstract idea). Moreover, the Court noted that the provided claim constructions proposed the use of generic computer components to perform the abstract idea, and thus the patents failed to claim any improvement in system function.
Moving to step two of Alice, the Court found no “saving inventive concept” that would transform the nature of the claim into a patent-eligible application, as the claims only recited conventional steps using conventional computer and network technology to achieve their desired result. Thus, the Court concluded that the claims were invalid under § 101.
Copyright © 2017 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.
At the PTAB Blog
IPR and PGR Statistics for Final Written Decisions Issued in March and April 2026
May 26, 2026
At the PTAB Blog
May 20, 2026
Conference
19th Annual Forum on Pharma & Biotech Patent Litigation in Europe
May 19-20, 2026
Amsterdam
Webinar
Changes at the PTAB from Settled Expectations to Real Parties in Interest to Director Involvement
May 18, 2026
Webinar
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.