PTAB Invalidates All Claims of Xylon Licensing Patent Challenged by Askeladden

Askeladden successfully challenged Claims 1-8 and 15-18 of the Patent in view of prior art.

For Immediate Release:

Date: August 11, 2022


New York, NY — Earlier today, the Patent Trial and Appeal Board (PTAB) issued a Final Written Decision finding all claims of Xylon Licensing LLC’s U.S. Patent No. 8,719,165 (the ‘165 Patent) unpatentable in view of the prior art. The IPR was petitioned by Askeladden as part of its Patent Quality Initiative.


Prior to the IPR, Xylon and its predecessor had asserted the ‘165 Patent against various financial services companies including MasterCard, ShopKeep, and Square in 15 patent infringement suits in various federal district courts which have since been settled. In its IPR Petition, Askeladden argued that Claims 1-8 and 15-18 of the ‘165 Patent, which generally relates to enabling completion of secure transactions using mobile devices that may or may not have the needed or desired security features, are invalid in light of prior art documents cited under the 2 separate grounds of the Petition.


In the Final Written Decision, the PTAB found that Petitioner demonstrated by a preponderance of evidence that all challenged claims of the ‘165 are unpatentable. The PTAB also rejected all of the patent owner’s proposed claim construction terms.


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 ’165 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.