for the newbies: Patent Infringement Appeal Case i
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Posted On: 05/14/2018 3:49:30 PM
for the newbies: Patent Infringement Appeal Case in a nutshell
(Adapted from the posts of zpaul and CyberC)
1. Ropes and Gray in the USPTO Court (PTAB) won all challenges to StrikeForce's IP ( October 17, 2017 ).
https://jumpshare.com/v/8edDCebJyRqat1hn4s6p
2. SecureAuth in December 2017 won a dismissal by basically saying the patent is not valid because of the Alice 101. This is the opposite of what the USPTO had ruled in October 17, 2017.
http://www.patentdocs.org/2016/05/section-101...klash.html
3. The dismissal was appealed, and the other infringement cases were stayed.
4. As pointed out in Rope's and Gray's appeal brief ( March 26, 2018 ), the lower court made a number of mistakes.
https://investorshangout.com/post/view?id=4985879
5. Then the United States Supreme Court (SCOTUS) ruled ( April 24, 2018 ) in a 7 to 2 decision that the USPTO has the Constitutional Right to decide the validity of a patent. (The USPTO had already validated StrikeForce's patents on October 17, 2017.)
https://www.law360.com/ip/articles/1013951
6. In the appeal reply brief by SecureAuth's attorney ( May 7, 2018 ), SecureAuth appears to continue to delay their inevitable loss IMO.
https://jumpshare.com/v/qGPBC944xOGw8FIn1o6B
7. There is good reason IMO, backed by the USPTO and Supreme Court validations, to believe, Ropes and Gray will convince the Federal Appeals Court that the patents of Strikeforce are valid, significant and that SecureAuth continues to willfully infringe.
8. Treble damages may be awarded for willful patent infringement.
https://en.wikipedia.org/wiki/Treble_damages
9. The Strikeforce reply to the SecureAuth brief is expected by June 4, 2018 . Then the Federal Appeals Court will decide.
10. Once resolved, the stayed cases should resolve quickly
(Adapted from the posts of zpaul and CyberC)
1. Ropes and Gray in the USPTO Court (PTAB) won all challenges to StrikeForce's IP ( October 17, 2017 ).
https://jumpshare.com/v/8edDCebJyRqat1hn4s6p
2. SecureAuth in December 2017 won a dismissal by basically saying the patent is not valid because of the Alice 101. This is the opposite of what the USPTO had ruled in October 17, 2017.
http://www.patentdocs.org/2016/05/section-101...klash.html
3. The dismissal was appealed, and the other infringement cases were stayed.
4. As pointed out in Rope's and Gray's appeal brief ( March 26, 2018 ), the lower court made a number of mistakes.
https://investorshangout.com/post/view?id=4985879
5. Then the United States Supreme Court (SCOTUS) ruled ( April 24, 2018 ) in a 7 to 2 decision that the USPTO has the Constitutional Right to decide the validity of a patent. (The USPTO had already validated StrikeForce's patents on October 17, 2017.)
https://www.law360.com/ip/articles/1013951
6. In the appeal reply brief by SecureAuth's attorney ( May 7, 2018 ), SecureAuth appears to continue to delay their inevitable loss IMO.
https://jumpshare.com/v/qGPBC944xOGw8FIn1o6B
7. There is good reason IMO, backed by the USPTO and Supreme Court validations, to believe, Ropes and Gray will convince the Federal Appeals Court that the patents of Strikeforce are valid, significant and that SecureAuth continues to willfully infringe.
8. Treble damages may be awarded for willful patent infringement.
https://en.wikipedia.org/wiki/Treble_damages
9. The Strikeforce reply to the SecureAuth brief is expected by June 4, 2018 . Then the Federal Appeals Court will decide.
10. Once resolved, the stayed cases should resolve quickly
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