~index to the appeal brief history of the (SFOR) Strikeforce Technologies vs. SecureAuth case and appeal with related material
updated 2019.08.12
Thee is additional company detail through the master post linked at the bottom of this note.
There are no guarantees in investing. No one should consider these pages to be financial advice. Everyone has a responsibility to verify and thoroughly learn more than what is referenced or written here, and everyone must take responsibility for their own investing decisions.
https://www.pacer.gov (for Federal Circuit US Court of Appeals case# 18-1470 ) (SCOTUS 19-103)
other access to pacer
https://insight.rpxcorp.com/ent/425539-strike...corporated
https://www.docketbird.com/federal-court-case...p;page=949
https://www.pacermonitor.com
https://www.pacerpro.com
https://www.courtlistener.com
1. On March 16, 2017 , StrikeForce sued SecureAuth in the Eastern District of Virginia for willfully infringing the Asserted Patents.
Treble damages may be awarded for willful patent infringement.
https://en.wikipedia.org/wiki/Treble_damages
2. On June 12, 2017 they moved the case to the California Central District Court
3. On September 20, 2017 SecureAuth plans to merge with Core Security https://www.s ecureauth.com/blog/secureauth-merges-with-core-security
4. Ropes and Gray in the USPTO Court (PTAB) won all challenges to StrikeForce's IP on October 16, 2017 . These support the patent holder.
case IPR2017-01041
case IPR2017-01064
https://www.law360.com/patents/8484698/ptab_cases
https://jumpshare.com/v/8edDCebJyRqat1hn4s6p
https://globenewswire.com/news-release/2017/1...4-698.html
5. 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 (PTAB) had ruled two months earlier on October 17, 2017.
http://www.patentdocs.org/2016/05/section-101...klash.html
6. The dismissal was appealed, and the other infringement cases were stayed.
7. A relevant case from The United States Court of Appeals for the Federal Circuit February 8, 2018
STEVEN E. BERKHEIMER vs. HP INC., case 2017-1437
https://www.law360.com/articles/1060000/the-t...ear-report
"The Federal Circuit jolted the patent world with this February decision, and similar follow-on rulings, which collectively made it more challenging for accused infringers to knock out patents"
https://investorshangout.com/post/view?id=5080473
8. As pointed out in Rope's and Gray's appeal brief from March 26, 2018 , the lower court made a number of mistakes.
https://investorshangout.com/post/view?id=4985879
9. Then another relevant case, The United States Supreme Court (SCOTUS) ruled on April 24, 2018 in a 7 to 2 decision that the USPTO has the Constitutional Right to decide the validity of a patent.
https://www.law360.com/ip/articles/1013951 (The USPTO had already validated StrikeForce's patents on October 17, 2017.)
10. The appeal reply brief by SecureAuth's attorney on May 7, 2018
https://jumpshare.com/v/qGPBC944xOGw8FIn1o6B
11. The Strikeforce reply to the SecureAuth brief was filed June 4, 2018 .
https://jumpshare.com/v/DTfcX8CMb23MRwOG01GX
12. The process is moving along. June 11, 2018
SFOR Appendix is filed for Appeal of SFOR vs. SecureAuth
https://jumpshare.com/v/tDD65VB293l4so6Q8f3Y
Both parties (SFOR and SecureAuth) are in compliance with Rule 33 having discussed settlement
https://jumpshare.com/v/D9znqgHlxjcMstBLBIcu
http://www.cafc.uscourts.gov/sites/default/fi...2.2017.pdf
13. Then another relevant case and 7-2 decision, The United States Supreme Court (SCOTUS) ruled on June 22, 2018
"The U.S. Supreme Court ruled Friday that a Schlumberger Ltd. unit can recover profits it lost outside the U.S. due to a rival’s infringement of its oil exploration patents, saying the Federal Circuit was wrong to hold that such damages cannot be awarded based on overseas conduct." This decision supports the patent holder.
https://www.law360.com/ip/articles/1047357
14. Again, a relevant case from November 16, 2018 Federal Circuit Court of Appeals reverses and remands yet another one of numerous unrelated cases that had said a patent was invalid under the Alice standard. This decision supports the patent holder. This is Precedential.
Same court as appeal (Federal Circuit Court of Appeals)
Same infringer defense team , Knobbe, Martens, Olson & Bear, LLP
Parallel argument , abstract idea and Alice 101 step 1
Precedential decision
“we conclude that claim 1 of the ’941 patent is not directed to an abstract idea. Improving security here, against a computer’s unauthorized use of a program can be a non-abstract computer functionality improvement if done by a specific technique that departs from earlier approaches to solve a specific computer problem.“
http://www.cafc.uscourts.gov/search/node/ancora
http://www.cafc.uscourts.gov/sites/default/fi...6-2018.pdf
https://www.law360.com/ip/articles/1102847
http://www.cafc.uscourts.gov/sites/default/fi...6-2018.pdf
15. Citation of Supplemental Authority submitted November 27, 2018 to the 18-1470 docket by the team representing Strikeforce. See also November 16, 2018 above
"Ancora confirms that these concrete improvements over prior art security systems, specifying a particular assignment of functionalities across the variously claimed components, are patent eligible. Ancora, slip op. at 10-11. Under Ancora, and this Court’s prior decisions, these claims are not abstract and are patent eligible under § 101. Accordingly, the district court’s ruling must be reversed."
Respectfully submitted,
Douglas H. Hallward-Driemeier
https://investorshub.advfn.com/uimage/uploads...Update.png
16. Oral arguments of 15 minutes for each side took place on February 4, 2019
https://investorshangout.com/post/view?id=5343326
17. (perhaps relevant)
In a unanimous Supreme Court decision dated January 8, Justice Brett Kavanaugh authored an opinion applying a statutory construction principle to the Federal Arbitration Act (FAA) that may foreshadow how the new Court, applying the same principle, will dramatically reshape how federal courts must approach patent eligible subject matter challenges by eliminating the judicial exceptions—abstract ideas, laws of nature and natural phenomenon—and thus moot the debate that has followed (and preceded) the Court’s Alice decision.
Perhaps this will happen sooner that one would normally expect in the slow world of Supreme Court case law. Indeed, this might just explain why the Court on January 7 asked the U.S. Solicitor General to submit an amicus brief in the Berkheimer case, which is currently before the Court on petition for certiorari. Berkheimer frames nicely the issue of patent eligibility and how district courts should handle motions to dismiss patent infringement claims under Section 101 and Alice.
https://www.ipwatchdog.com/2019/01/11/new-cou...id=104975/
18. Judgement entered February 19, 2019
http://www.cafc.uscourts.gov/search/node/Strikeforce
19. Appeal is not finished in Strikeforce Technologies v. SecureAuth, February 19, 2019
a)Press release from Strikeforce Technologies
https://www.newswire.com/news/strikeforces-pa...n-20811276
b)judgement
http://www.cafc.uscourts.gov/sites/default/fi...2019.1.pdf
c)Interesting commentary about other rule 36 decisions
http://www.ipwatchdog.com/2018/07/30/federal-.../id=99202/
http://www.ipwatchdog.com/2017/01/12/rule-36-.../id=76971/
http://www.ipwatchdog.com/2018/04/03/federal-.../id=95492/
d)Interesting background on Alice cases
https://investorshangout.com/post/5359771
https://www.ipwatchdog.com/2019/01/30/ibm-cal...id=105754/
https://www.leagle.com/decision/insco20190107d12
https://www.snopes.com/fact-check/ninth-circu...verturned/
https://www.ipwatchdog.com/2019/03/27/patent-...id=107758/
20. May 14, 2019 Supreme Court grants extension to file writ of
certiorari (appeal) for Federal Circuit US Court of Appeals case# 18-1470.
21. Petition for a writ of certiorari filed with The US Supreme Court 2019.07.19
https://www.supremecourt.gov/search.aspx?file...9-103.html
updated 2019.08.12
Thee is additional company detail through the master post linked at the bottom of this note.
There are no guarantees in investing. No one should consider these pages to be financial advice. Everyone has a responsibility to verify and thoroughly learn more than what is referenced or written here, and everyone must take responsibility for their own investing decisions.
https://www.pacer.gov (for Federal Circuit US Court of Appeals case# 18-1470 ) (SCOTUS 19-103)
other access to pacer
https://insight.rpxcorp.com/ent/425539-strike...corporated
https://www.docketbird.com/federal-court-case...p;page=949
https://www.pacermonitor.com
https://www.pacerpro.com
https://www.courtlistener.com
1. On March 16, 2017 , StrikeForce sued SecureAuth in the Eastern District of Virginia for willfully infringing the Asserted Patents.
Treble damages may be awarded for willful patent infringement.
https://en.wikipedia.org/wiki/Treble_damages
2. On June 12, 2017 they moved the case to the California Central District Court
3. On September 20, 2017 SecureAuth plans to merge with Core Security https://www.s ecureauth.com/blog/secureauth-merges-with-core-security
4. Ropes and Gray in the USPTO Court (PTAB) won all challenges to StrikeForce's IP on October 16, 2017 . These support the patent holder.
case IPR2017-01041
case IPR2017-01064
https://www.law360.com/patents/8484698/ptab_cases
https://jumpshare.com/v/8edDCebJyRqat1hn4s6p
https://globenewswire.com/news-release/2017/1...4-698.html
5. 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 (PTAB) had ruled two months earlier on October 17, 2017.
http://www.patentdocs.org/2016/05/section-101...klash.html
6. The dismissal was appealed, and the other infringement cases were stayed.
7. A relevant case from The United States Court of Appeals for the Federal Circuit February 8, 2018
STEVEN E. BERKHEIMER vs. HP INC., case 2017-1437
https://www.law360.com/articles/1060000/the-t...ear-report
"The Federal Circuit jolted the patent world with this February decision, and similar follow-on rulings, which collectively made it more challenging for accused infringers to knock out patents"
https://investorshangout.com/post/view?id=5080473
8. As pointed out in Rope's and Gray's appeal brief from March 26, 2018 , the lower court made a number of mistakes.
https://investorshangout.com/post/view?id=4985879
9. Then another relevant case, The United States Supreme Court (SCOTUS) ruled on April 24, 2018 in a 7 to 2 decision that the USPTO has the Constitutional Right to decide the validity of a patent.
https://www.law360.com/ip/articles/1013951 (The USPTO had already validated StrikeForce's patents on October 17, 2017.)
10. The appeal reply brief by SecureAuth's attorney on May 7, 2018
https://jumpshare.com/v/qGPBC944xOGw8FIn1o6B
11. The Strikeforce reply to the SecureAuth brief was filed June 4, 2018 .
https://jumpshare.com/v/DTfcX8CMb23MRwOG01GX
12. The process is moving along. June 11, 2018
SFOR Appendix is filed for Appeal of SFOR vs. SecureAuth
https://jumpshare.com/v/tDD65VB293l4so6Q8f3Y
Both parties (SFOR and SecureAuth) are in compliance with Rule 33 having discussed settlement
https://jumpshare.com/v/D9znqgHlxjcMstBLBIcu
http://www.cafc.uscourts.gov/sites/default/fi...2.2017.pdf
13. Then another relevant case and 7-2 decision, The United States Supreme Court (SCOTUS) ruled on June 22, 2018
"The U.S. Supreme Court ruled Friday that a Schlumberger Ltd. unit can recover profits it lost outside the U.S. due to a rival’s infringement of its oil exploration patents, saying the Federal Circuit was wrong to hold that such damages cannot be awarded based on overseas conduct." This decision supports the patent holder.
https://www.law360.com/ip/articles/1047357
14. Again, a relevant case from November 16, 2018 Federal Circuit Court of Appeals reverses and remands yet another one of numerous unrelated cases that had said a patent was invalid under the Alice standard. This decision supports the patent holder. This is Precedential.
Same court as appeal (Federal Circuit Court of Appeals)
Same infringer defense team , Knobbe, Martens, Olson & Bear, LLP
Parallel argument , abstract idea and Alice 101 step 1
Precedential decision
“we conclude that claim 1 of the ’941 patent is not directed to an abstract idea. Improving security here, against a computer’s unauthorized use of a program can be a non-abstract computer functionality improvement if done by a specific technique that departs from earlier approaches to solve a specific computer problem.“
http://www.cafc.uscourts.gov/search/node/ancora
http://www.cafc.uscourts.gov/sites/default/fi...6-2018.pdf
https://www.law360.com/ip/articles/1102847
http://www.cafc.uscourts.gov/sites/default/fi...6-2018.pdf
15. Citation of Supplemental Authority submitted November 27, 2018 to the 18-1470 docket by the team representing Strikeforce. See also November 16, 2018 above
"Ancora confirms that these concrete improvements over prior art security systems, specifying a particular assignment of functionalities across the variously claimed components, are patent eligible. Ancora, slip op. at 10-11. Under Ancora, and this Court’s prior decisions, these claims are not abstract and are patent eligible under § 101. Accordingly, the district court’s ruling must be reversed."
Respectfully submitted,
Douglas H. Hallward-Driemeier
https://investorshub.advfn.com/uimage/uploads...Update.png
16. Oral arguments of 15 minutes for each side took place on February 4, 2019
https://investorshangout.com/post/view?id=5343326
17. (perhaps relevant)
In a unanimous Supreme Court decision dated January 8, Justice Brett Kavanaugh authored an opinion applying a statutory construction principle to the Federal Arbitration Act (FAA) that may foreshadow how the new Court, applying the same principle, will dramatically reshape how federal courts must approach patent eligible subject matter challenges by eliminating the judicial exceptions—abstract ideas, laws of nature and natural phenomenon—and thus moot the debate that has followed (and preceded) the Court’s Alice decision.
Perhaps this will happen sooner that one would normally expect in the slow world of Supreme Court case law. Indeed, this might just explain why the Court on January 7 asked the U.S. Solicitor General to submit an amicus brief in the Berkheimer case, which is currently before the Court on petition for certiorari. Berkheimer frames nicely the issue of patent eligibility and how district courts should handle motions to dismiss patent infringement claims under Section 101 and Alice.
https://www.ipwatchdog.com/2019/01/11/new-cou...id=104975/
18. Judgement entered February 19, 2019
http://www.cafc.uscourts.gov/search/node/Strikeforce
19. Appeal is not finished in Strikeforce Technologies v. SecureAuth, February 19, 2019
a)Press release from Strikeforce Technologies
https://www.newswire.com/news/strikeforces-pa...n-20811276
b)judgement
http://www.cafc.uscourts.gov/sites/default/fi...2019.1.pdf
c)Interesting commentary about other rule 36 decisions
http://www.ipwatchdog.com/2018/07/30/federal-.../id=99202/
http://www.ipwatchdog.com/2017/01/12/rule-36-.../id=76971/
http://www.ipwatchdog.com/2018/04/03/federal-.../id=95492/
d)Interesting background on Alice cases
https://investorshangout.com/post/5359771
https://www.ipwatchdog.com/2019/01/30/ibm-cal...id=105754/
https://www.leagle.com/decision/insco20190107d12
https://www.snopes.com/fact-check/ninth-circu...verturned/
https://www.ipwatchdog.com/2019/03/27/patent-...id=107758/
20. May 14, 2019 Supreme Court grants extension to file writ of
certiorari (appeal) for Federal Circuit US Court of Appeals case# 18-1470.
21. Petition for a writ of certiorari filed with The US Supreme Court 2019.07.19
https://www.supremecourt.gov/search.aspx?file...9-103.html
5
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Zerify Inc (ZRFY) Stock Research Links
There are no guarantees in investing. No one should consider these pages or posts to be financial advice. Everyone has a responsibility to verify and thoroughly learn more than what is referenced or written here, and everyone must take responsibility for their own investing decisions.
