Pop Socket patent ruled invalid by US Patent Appeals Board.
Pop Socket and Quest USA have had a case before the US patent appeal board. The ruling came down Aug 12, 2019. Pop socket patent points ruled invalid.
The image below is from page 93 of the Case IPR2018-00497 before the UNITED STATES PATENT AND TRADEMARK OFFICE. The ruling sets forth that the Pop Socket patent on the the critical points shown below are now invalid. These points are the critical functions that make pop sockets unique.
Ruling by US Patent Appeals Board Issues Decision on Pop Pocket. Invalid.
Click to Download the Entire 94 Page US Patent Appeals Ruling:download here
The overall short version of the story is as follows:
- A corporation out of New York named Quest USA Corp (“Quest”) launched a product called the Spin Pop. It looked and functioned similarly to Pop Socket’s device on the market.
- Pop Socket sued Quest in the United States District Court, Eastern District of New York, for patent infringement and other claims. Specifically, Pop Socket asserted that Quest had infringed claims 9-11, 16, and 17 of Pop Socket’s Patent #8,560,031 (“the ‘031 Patent”)
- While this case was in process, Quest lunched an appeal with the Patent Trial and Appeal Board of the United States Patent and Trademark Office, case # IPR2018-00497. Quest argued that claims 9-11, 16 and 17 of the ‘031 Patent should not have been granted in the first place, and that these claims are in fact unpatentable.
- The US Patent Appeal Board collected the evidence from Pop Socket and Quest, and granted a full inter partes review on the issue.
- On August 12, 2019 the US Patent Appeal Board published a final decision, ruling that claims 9-11, 16 and 17 of the ‘031 Patent are unpatentable. These are the same claims that Pop Socket relied upon when suing Quest for patent infringement.