Anticipation Bounces Back Electronic Return Receipt Patent As Invalid

Although patentees may delight at the allowance of broad claims in their granted patents, those same claims prove more difficult to defend against invalidity arguments at trial. A recent decision from a Massachusetts court underscores this tightrope walk, and serves as a warning that claims drafted too loosely—while allowed by the USPTO—can leave the patent at risk for invalidation by anticipation.

In this particular dispute, Sophos sought a declaratory judgment that it did not infringe four electronic messaging patents owned by RPost; RPost subsequently brought an infringement claim in a related suit. Following a joint stipulation to the dismissal of claims related to three out of the four patents, Sophos sought summary judgment that the remaining patent was invalid.