Askeladden Seeks PTAB Review of Biometric Identity Verification Patent

Argues that prior art renders all claims obvious.

For Immediate Release:

Date: May 30, 2019


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NEW YORK, NY — Askeladden, through its Patent Quality Initiative, filed two petitions for inter partes review (IPR) with the Patent Trial and Appeal Board (PTAB) challenging the validity of U.S. Patent No. 8,799,088 held by SRR Patent Holdings LLC. Askeladden argues that the ’088 patent’s claims would have been obvious in light of prior art documents cited in the petitions.

As the petitions explain, "The ’088 Patent claims were allowed based on an amendment requiring the server receiving uploaded biometric data to authenticate that data ‘with a biometric identification data stored in a related information repository.’" However, the petitions further explain that "such an authentication step was already well-known in the art, and a [person of ordinary skill in the art] would have been motivated to incorporate it into systems/methods for user verification when activating financial services cards over a network."

The ’088 patent—assigned to SRR Patent Holdings LLC—was asserted in litigation against USAA Savings Bank in January 2017.

"These IPR petitions are the latest installment in Askeladden’s series of efforts to promote patent quality," said Sean Reilly, General Counsel for Askeladden. "Poor quality patents undermine the core function of the patent system."

Askeladden’s Patent Challenge Committee—a group of well-respected experts in the area of patent law—chose to petition the PTAB for review of the ’088 patent as part of the Patent Quality Initiative.

Askeladden is represented by Merchant & Gould PC.

About the Patent Quality Initiative

Askeladden is an education, information and advocacy organization with the goal of improving the understanding, use and reliability of patents in financial services and other industries. As part of its Patent Quality Initiative, Askeladden strives to promote better patents and patent holder behaviors by regularly filing amicus briefs, Inter Partes Reviews (IPRs) and engaging in educational activities.