Federal Circuit Further Clarifies Inventive Concept Under The Two-Part Mayo/Alice Test
In Two-Way Media Ltd. v. Comcast Cable Communications, LLC, the Federal Circuit affirmed the decision of the District Court of Delaware that the Two-Way Media patents and claims were ineligible under 35 U.S.C. § 101. See the Federal Circuit decision here. Two-Way sued Comcast, alleging that Comcast violated U.S. Patent Nos. 5,778,187 (‘187); 5,983,005 (‘005); 6,434,622 (‘622); and 7,266,686 (‘686) relating to a “Multicasting method and apparatus”. These patents are directed to a “scalable architecture … or delivery of real-time information over a communications network”. This essentially refers to methods for streaming data over the internet to multiple users at a time. The outcome of this case teaches important lessons on how and where to define inventive concept under the two-part Mayo/Alice test.