Did we miss this??? Patents are UNBEATABLE!!! MUST READ.
United States Patent and Trademark Office Proceedings
The rigorous review of the Asserted Claims by the U.S. Patent & Trademark Office both during initial prosecution and after the patents were granted confirms that the Asserted Patents are inventive. The original prosecution of the Asserted Patents was extensive. The patents each claim priority to U.S. Appl. No. 09/655,297, first filed September 5, 2000. Prosecution of that application and the Asserted Patents collectively included a total of 22 office actions and responses, including a PTO Appeal Brief. In post-issuance challenges, the USPTO has repeatedly confirmed the inventiveness of the Asserted Patents.
2011
For example, in 2011, the ’599 Patent underwent ex-parte reexamination, emerging with every claim found patentable and seven additional claims added.
2017
Then, last year, defendants in a parallel litigation in New Jersey filed two petitions for inter partes review, challenging 30 claims of the ’698 Patent on three separate grounds. See Duo Sec., Inc. v. StrikeForce Techs., Inc., IPR2017-01041, Paper 7 at 6 (P.T.A.B. Oct. 16, 2017) (denying institution); Duo Sec., Inc. v. StrikeForce Techs., Inc., IPR2017-01064, Paper 7 at 6 (P.T.A.B. Oct. 16, 2017) (denying institution).
Petitioners did not argue that any claim was anticipated. Rather, petitioners presented obviousness combinations using three or more references to try to approximate the structure and functionality of each the ’698 Patent claims. In two detailed decisions, the Patent Trial and Appeal Board (“PTAB”) denied institution, finding petitioners had not established even a reasonable likelihood that they would prevail in showing any challenged claim unpatentable. SeeDuo, IPR2017-01041, Paper 7 at 2; Duo, IPR2017-01064
United States Patent and Trademark Office Proceedings
The rigorous review of the Asserted Claims by the U.S. Patent & Trademark Office both during initial prosecution and after the patents were granted confirms that the Asserted Patents are inventive. The original prosecution of the Asserted Patents was extensive. The patents each claim priority to U.S. Appl. No. 09/655,297, first filed September 5, 2000. Prosecution of that application and the Asserted Patents collectively included a total of 22 office actions and responses, including a PTO Appeal Brief. In post-issuance challenges, the USPTO has repeatedly confirmed the inventiveness of the Asserted Patents.
2011
For example, in 2011, the ’599 Patent underwent ex-parte reexamination, emerging with every claim found patentable and seven additional claims added.
2017
Then, last year, defendants in a parallel litigation in New Jersey filed two petitions for inter partes review, challenging 30 claims of the ’698 Patent on three separate grounds. See Duo Sec., Inc. v. StrikeForce Techs., Inc., IPR2017-01041, Paper 7 at 6 (P.T.A.B. Oct. 16, 2017) (denying institution); Duo Sec., Inc. v. StrikeForce Techs., Inc., IPR2017-01064, Paper 7 at 6 (P.T.A.B. Oct. 16, 2017) (denying institution).
Petitioners did not argue that any claim was anticipated. Rather, petitioners presented obviousness combinations using three or more references to try to approximate the structure and functionality of each the ’698 Patent claims. In two detailed decisions, the Patent Trial and Appeal Board (“PTAB”) denied institution, finding petitioners had not established even a reasonable likelihood that they would prevail in showing any challenged claim unpatentable. SeeDuo, IPR2017-01041, Paper 7 at 2; Duo, IPR2017-01064
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