The Federal Circuit on Friday declined to rehear claims by Two-Way Media Ltd. over four invalidated streaming media patents that the patent holding company alleged Comcast and Verizon infringed, finding that en banc review is not warranted.
The ruling marks an end to a lawsuit that Two-Way Media launched against Comcast Cable Communications LLC and Verizon Services Corp. in 2014, shortly after a Texas jury found AT&T Inc. infringed three of the four patents and awarded Two-Way Media $40 million in damages.
In December, Two-Way Media asked the full Federal Circuit to hear the appeal, arguing that the panel should have viewed the adequacy of claim language for purposes of Section 101 in isolation, without reference to the specification, and that its decision contradicts Federal Circuit precedent.
Shortly after, the Federal Circuit invited Verizon and Comcast to respond to a rehearing request. In their February response brief, the companies urged the Federal Circuit to deny the petition. They argued that it's "built on a strawman" and wrongly contends that there is conflict among Federal Circuit decisions regarding the role of the specification in the Section 101 analysis.
On Friday, the Federal Circuit sided with Verizon and Keker, Van Nest & Peter's client Comcast, issuing a per curiam decision denying the petition.
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