Askeladden Petitions for Review of Digital Verification Systems Patent

Argues that prior art renders all claims anticipated or obvious.

For Immediate Release:
Date: March 7, 2018
Contact: Sean Oblack, 202.649.4629

Download PDF of Press Release 

NEW YORK, NY —Askeladden, through its Patent Quality Initiative, is challenging the validity of a patent owned by Digital Verification Systems, LLC. Askeladden filed two petitions for inter partes review (IPR) of U.S. Patent No. 9,054,860 with the Patent Trial and Appeal Board (PTAB) yesterday arguing that the ’860 patent’s claims are anticipated by or would have been obvious in light of prior art documents cited in the petitions. 

As the Petitions explain, the main reference—referred to as “Houser”—was “filed more than fourteen years before the ‘860 Patent was filed” and “teaches the identical electronic signature system and method as recited in [many of the claims] of the ‘860 Patent.” The Petitions further explain that the “elements of remaining dependent [claims] are directed to trivial features that would have been obvious to a person of ordinary skill in the art at the relevant time. . .” 

Digital Verification Systems has asserted the ’860 patent in more than a dozen lawsuits against a variety of companies including PayPal, Square, Clover, and Adobe.

“The inter partes review process is an important tool for addressing poor-quality patents that undermine innovation,” said Sean Reilly, General Counsel for Askeladden. “Patent quality is essential for driving investment in research and development of new technologies.”

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 ’860 patent as part of the Patent Quality Initiative.

Askeladden is represented by Amster, Rothstein & Ebenstein LLP.


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.