Appeals Court Upholds Novelty of Patented Internet Credit Card Processing System
By William A. Birdwell and Timothy Volpert
In a case that is important to the online shopping industry, the Court of Appeals for the Federal Circuit upheld the novelty of a patented Internet credit card processing system. In doing so, it also clarified, in a precedential opinion, what a prior art reference must disclose to establish that an invention claimed in a patent was published more than one year prior to the application for the patent, and thereby invalidate the claim as “anticipated.”
The case, Net MoneyIN, Inc. v. VeriSign, Inc. et al., 2007-1565, involves a patent owned by our client NetMoneyIN, Inc. on an Internet payment system that is arguably the dominant system in use today. The Federal Circuit's reversal of a federal district court's invalidation of claim 23 of the patent based on lack of novelty paves the way for NetMoneyIN, Inc. to pursue its infringement claims against VeriSign, Inc. and others in the industry who use this system. Continue reading...