MasterCard Can't Challenge Card Tech Patents In CBM Review

Law360, New York (September 21, 2017, 5:19 PM EDT) -- The Patent Trial and Appeal Board on Thursday rejected MasterCard International Inc.'s bid to invalidate two patents for card activation technology, finding a lawsuit over a license agreement MasterCard allegedly breached didn't give it standing to challenge the patents in covered business method review.

In order to bring a petition for review under the CBM program, the petitioner must have been sued for, or charged with, infringing the patent. MasterCard argued this requirement was met because Alexsam Inc. filed a lawsuit in 2015 claiming it didn't pay royalties owed under a license agreement.

But the PTAB said Alexsam didn't include an...

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