"The U.S. Court of Appeals for the Federal Circuit (CAFC) on Thursday reversed a Patent Trial and Appeal Board (PTAB) finding that Google had failed to prove one claim of a patent directed to CAPTCHA-like technology unpatentable. The opinion was authored by Judge Taranto and the panel included Chief Judge Moore and Judge John H. Chun of the U.S. District Court for the Western District of Washington, sitting by designation."
"On appeal, Google contested only the patentability of claim 19, arguing that the Board's claim construction of "acquiring interest data" was erroneous. Google had presented U.S. Patent Application No. 2008/0114624 (Kitts) to the Board as prior art rendering claim 19 unpatentable for anticipation or obviousness. Kitts is titled "Click-Fraud Protector," and "describes a method of using data attributes to estimate a likelihood of whether a user seeking access to a website on a remote server is a bot," according to the CAFC opinion."
The Federal Circuit reversed a PTAB decision and found one claim of Nobots LLC's patent unpatentable due to an erroneous claim construction. Google had petitioned for inter partes review of U.S. Patent No. 9,595,008 and the PTAB invalidated most claims while upholding claims 18 and 19. On appeal, Google challenged only claim 19, asserting the Board misinterpreted the phrase "acquiring interest data." Google relied on prior art from U.S. Patent Application No. 2008/0114624 (Kitts), which describes using data attributes to estimate whether a website user is a bot. The court held the Board flouted the rule requiring ordinary meaning in context.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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