Useful Improvement To Computer Network Using Standard Equipment Held Patent Eligible

• Jurisdiction: United States,Federal
• Law Firm: Manatt, Phelps & Phillips LLP
• Subject Matter: Intellectual Property, Patent
• Author: Mr Irah H. Donner
• Published date: 25 May 2023

In Cooperative Entertainment, Inc. v. Kollective Technology, Inc.,¹ the Federal Circuit held that useful improvements to computer networks can be patent eligible even when standard computing equipment is used. In addition, assertions by a patent owner in a complaint that the inventive concept included a specific network structure for sharing content through a dynamic peer-to-peer (P2P) network were sufficient to prevent dismissal of the case for lack of patent eligibility.

Cooperative Entertainment, Inc. (Cooperative) owned U.S. Patent No. 9,432,452 ('452 patent), directed to configuring a peer-to-peer (P2P) dynamic network for transmitting large files, such as videos and video games, where the distribution of content is performed outside of content distribution networks (CDNs), i.e., outside of a static network of controlled systems. Dynamic P2P networks with peer nodes that process the same content concurrently were used to send the content to each other as an alternative to receiving the content from the CDN.

To enable the distribution of content, the claimed P2P networks utilized content segmentation to divide the content into smaller clips and gradually distribute them. Consequently, viewers could receive segments as desired, ideally from other viewers.

Claim 1 recited:

1. A system for virtualized computing peer-based content sharing comprising:

at least one content delivery server computer constructed and configured for electrical connection and communication via at least one communications network; and

at least one peer-to-peer (P2P) dynamic network including a multiplicity of peer nodes, wherein the multiplicity of peer nodes consume the same content within a predetermined time, wherein the multiplicity of peer nodes are constructed and configured for electronic communication over the at least one P2P dynamic network, wherein the at least one P2P dynamic network is based on at least one trace route; wherein the multiplicity of peer nodes is distributed outside controlled networks and/or content distribution networks (CDNs) that are included within the at least one communications network;

wherein the at least one content delivery server computer is operable to store viewer information, check content request, use the trace route to segment requested content, find peers, and return client-block pairs;

wherein distribution of P2P content delivery over the at least one P2P dynamic network is based on content segmentation;

wherein content segmentation is based on CDN address resolution, trace route to CDN and P2P server manager, dynamic feedback from peers reporting traffic rates between individual peer and its neighbors, round-robin...