USPTO and Appeal Board Rule in Favor of BBiTV Against Hawaiian Telcom

Share Article

Panitch Schwarze Receives Favorable Decision in Video-on-Demand Cable Intellectual Property Case

Panitch Schwarze Belisario & Nadel LLP

Not once, but twice, the USPTO has affirmed the validity of BBiTV’s intellectual property.

Panitch Schwarze Belisario & Nadel LLP is pleased to announce that today the United States Patent and Trademark Office’s Patent Trial (USPTO) and Appeal Board ruled in favor of its client Broadband iTV, Inc. (“BBiTV”). The decision denies institution of a Covered Business Method Patent Review of United States Patent No. 7,631,336 (“’336 Patent”) which was sought by Hawaiian Telcom, Inc. BBiTV has asserted the ‘336 patent against Hawaiian Telcom and Time Warner Cable in the United States District Court for the District of Hawaii (Civil Action Number 14-cv-00169-ACK-KSC).

This is the second post grant review sought for the ‘336 Patent since the filing of the litigation. In January 2015, Panitch was successful in convincing the PTAB to deny institution of a previously filed inter partes review sought by Unified Patents.

BBiTV’s lead trial counsel, Frederick A. Tecce, a partner at Panitch Schwarze Belisario & Nadel LLP said, “Not once, but twice, the USPTO has affirmed the validity of BBiTV’s intellectual property. It is now time for BBiTV, a Hawaii-based business, to have its claims adjudicated in a federal courtroom in Hawaii by a local jury.     

John D. Simmons, Stephen E. Murray, and Dennis J. Butler, all attorneys with Panitch Schwarze Belisario & Nadel LLP were involved at the PTAB, and Tecce is trial counsel in the related litigation in US District Court, District of Hawaii.

About BBiTV – Broadband iTV, Inc. (BBiTV) was founded in 2001 in Honolulu, Hawaii to create innovative interactive television and video-on-demand applications supporting on-demand advertising, user-generated content and Web-to-iTV applications for digital television. BBiTV also provides consulting services to content publishers and digital television system operators on the design, operation and monetization of on-demand video applications and platforms. BBiTV’s applications are the foundation of a portfolio of U.S and International patents in video-on-demand and interactive television, reflecting multiple innovations first conceptualized and brought to market by BBiTV.

About Panitch Schwarze Belisario & Nadel LLP – Panitch Schwarze Belisario & Nadel LLP is a boutique intellectual property law firm with offices in Philadelphia, Pa and Wilmington, De. The firm’s 28 law practitioners provide strategic litigation, licensing and counseling service relating to patents, trademarks, copyrights and trade secrets, domain names and Internet issues domestically and internationally. Panitch Schwarze’s small-firm atmosphere fosters close attorney-client relationships, permitting its lawyers to tailor their services to each client’s unique needs. The firm’s long-standing relationships with a network of foreign associates worldwide enable its attorneys and advisors to provide clients with global intellectual property protection. With experience across the sciences, in technologies and in branding, ranging from semi-conductors and computer software to household products and toys, some of the firm’s representative clients include Hamilton Beach Brands, Oki Data Americas, Inc., Sumitomo Chemical Company, Limited, SAP, Mattel, Inc., Fisher-Price, Inc., and Heraeus Holding GmbH. To learn more, please visit

Share article on socal media or email:

View article via:

Pdf Print

Contact Author

Sarah Larson
Follow us on