The Patent Trial and Appeal Board ("PTAB") recently
issued a Final Written Decision in favor of Comcast Cable
Communications, LLC ("Comcast") and against Promptu
Systems Corporation ("Promptu") in a covered business
method ("CBM") review of Promptu's U.S. Patent No.
RE44,326 E ("the RE '326 patent"), finding multiple
bases to invalidate claims related to using voice commands to order
videos over a network. See Comcast Cable Communications, LLC v.
Promptu Sys. Corp., Case No. CBM2018-00034 (Paper 31)
(Oct. 7, 2019). The decision was handed down just months after the
Board invalidated nearly all of the same claims for obviousness in
a related inter partes review.
In CBM review, any statutory ground of invalidity may be
considered, whereas inter partes review is limited to
invalidity arguments based on grounds that could be raised under 35
U.S.C. § 102 or § 103, and only on the basis of prior art
consisting of patents or printed publications.
