This post was first published on July 15, 2014.
How is the novelty of an invention established? Another question with a similar connotation is – How does one determine if an invention is anticipated? Simple. Let’s see if something exactly alike exists. Apparently, the district court of the District of Arizona didn’t think so.
We’ll look at a case that will put to rest a lot of doubts surrounding the anticipation of inventions. The case, Net MoneyIN, Inc. v. Verisign, Inc., 545 F.3d 1359 (Fed. Cir. 2008), decided in October 20, 2008, is where the Federal Circuit Court of Appeals clarified the test for anticipation under 35 U.S.C. §102(a).
The patents in contention mainly dealt with subject matter pertaining to systems and methods for online credit card transactions and for addressing security concerns related to these transactions. There were two main issues that were addressed by the inventor – 1. The requirement of prospective customers to send their confidential credit card information to an unknown merchant over the Internet; and
2. Banks that had issued customers’ credit cards imposed stringent requirements on merchants.