Judge Richard Andrews of the U.S. District Court for the District of Delaware issued an order invalidating under Section 101 a patent that Two-Way Media had asserted against Rothwell Figg’s client NBCUniversal (the patent was also asserted against co-defendants Comcast and Verizon) and several additional patents asserted against NBCU’s co-defendants. The Rothwell Figg team representing NBCUniversal was led by Steven Lieberman, Brian Rosenbloom, and Mark Rawls. Two-Way’s patent was previously asserted by Two-Way against AT&T in a prior litigation in which Two-Way obtained a $40 Million dollar judgment against AT&T for its infringement of Two-Way’s intellectual property.
Specifically, in the NBCUniversal case, the district court granted Defendants’ Motion for Judgment on the Pleadings that Two-Way’s patent, U.S. Patent Number 6,434,622 – which involves a system for live streaming content over the Internet – was invalid under §101.
“By identifying at the onset of the case a dispositive defense that did not hinge on claim construction, and filing a motion for judgment on the pleadings, we were able to construct a successful defense that saved our client a substantial amount of time and money,” stated Steven.