Court Misapplied Alice Patent Test, Broadband iTV Says in Appeal

Despite claims by defendants Hawaiian Telcom, Time Warner Cable and its Oceanic Time Warner Cable subsidiary to the contrary, Broadband iTV's patent "is more than merely automatizing a pre-existing manual process of hand-delivering tapes with handwritten notes to generate a VOD system," Broadband iTV said in a reply brief (in Pacer) filed Wednesday with the U.S. Court of Appeals for the Federal Circuit. In its brief for its appeal of a 2015 ruling by a U.S. District Court in Honolulu, Broadband said the defendants and the Honolulu court refuse to recognize the patent, misstate the law on patent eligibility and misapply the two-step analysis laid out in Alice Corp. vs. CLS Bank. Broadband iTV sued in 2014, alleging the defendants were violating its patent on conversion, navigation and display of video content in their digital TV services, including VOD. Hawaiian Telcom and TWC didn't comment Thursday.