Cooperative Entertainment, Inc. v. Kollective Technology, Inc. (, No. 21-2167 (Fed. Cir. 2022)Annotate this Case
Cooperative’s ’452 patent relates to systems and methods of structuring a peer-to-peer (P2P) dynamic network for distributing large files, namely videos and video games. In prior art systems, video streaming was controlled by content distribution networks (CDNs), where the content was “distributed directly from the CDN server originating the content.” The 452 patent claims methods and systems for a network in which content distribution occurs “outside controlled networks and/or [CDNs],” i.e., outside a “static network of controlled systems,” using dynamic P2P networks comprising “peer nodes,” i.e., nodes consuming the same content contemporaneously, that transmit content directly to each other instead of receiving content from the CDN.
The Federal Circuit reversed the dismissal of Cooperative’s infringement suit. The complaint contains several alleged inventive concepts which the specification touts as specific improvements in the distribution of data compared to the prior art, which should have precluded the district court’s holding on ineligibility (35 U.S.C. 101). One such concept is the required dynamic P2P network wherein multiple peer nodes consume the same content and are configured to communicate outside the CDNs. Another requires trace routes to be used in content segmentation.