Broadband iTV Seeks Stay in Patent Row While Petitioning Supreme Court

The U.S. Court of Appeals for the Federal Circuit should delay issuing a mandate until after filing of a writ of certiorari with the Supreme Court and, if that petition is granted, final disposition, Broadband iTV said in motion (in Pacer) to stay issuance filed Tuesday. BBiTV said appellees Hawaiian Telecom, Oceanic Time Warner Cable and Time Warner Cable didn't consent. It said its petition "presents the ideal vessel for Supreme Court review" of the presumption of validity and clear and convincing evidence standard for patents. It also pointed to 2016 Supreme Court decisions that had dissenting opinions -- Intellectual Ventures v. Symantec and Amdocs v. Openet Telecom -- as evidence the court is likely to take up a case like BBiTV's since it presents issues "which can resolve and simplify the confusion currently surrounding patent eligibility." The appellate court in September upheld a U.S. District Court ruling against BBiTV (see 1609280016). TWC is now owned by Charter Communications. Counsel for the appellees didn't comment Wednesday.