In a Declaratory Relief action, Netflix argued that all of Rovi’s asserted patents should be invalidated based on the 35 U.S.C. § 101 “Alice” statute as to abstract ideas not being patentable.

The Focal Point’s Role

The Focal Point assisted the Keker & Van Nest team with a tutorial for the Judge, which was followed up a few weeks later by an oral argument showing why and how each of the Rovi patents should be invalidated under Section 101. The presiding Judge issued a ruling resulting in a complete victory for our client, which obviated the need for Netflix to have to go to trial to continue defending itself.


A successful Section 101 argument resulted in five of Rovi’s patents being invalidated by the District Court.


United States District Court
Northern District of California (Oakland, CA)
Judge Phyllis Hamilton

The Focal Point’s Client

Keker & Van NestAshok Ramani
Michael Kwun
Edward Bayley
Sharif E. Jacob
Justina Sessions