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Wednesday, October 28, 2015

FEDERAL JUDGE GRANTS SUMMARY JUDGMENT FOR HAWAIIAN TELCOM IN PATENT CASE

As reported by Law360 on October 1, 2015, a federal judge in Hawaii has granted summary judgment motions by Hawaiian Telcom Inc. and Time Warner Cable Inc. to invalidate a patent held by BroadbandiTV relating to the delivery of video-on-demand content. Sasha Rao and Brandon Stroy of Maynard Cooper’s San Francisco office represent Hawaiian Telcom.

Judge Alan Kay’s opinion states: “Recognizing the recency of binding precedent and the limited scope of case law in this area, it nonetheless appears that the ‘336 patent claims an abstract idea without sufficient inventive concept under Alice. It is therefore ineligible for patenting under section 101, and invalid for enforcement.”

Maynard Cooper’s Sasha Rao told Law360 that Hawaiian Telcom “is very pleased with Judge Kay's decision in this case. We believe strongly in our products and services, and are committed to devoting our energy and resources to providing our customers in Hawaii with the best possible service.”

The case is Broadband iTV Inc. v. Oceanic Time Warner Cable LLC, case number 1:15cv00131 in the U.S. District Court for the District of Hawaii.

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