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ARTICLE · 08 MAY 2023

PTAB Invalidates GUI, But Leaves Obviousness Test Gooey

On February 9, 2023 the PTAB issued a Final Written Decision in Early Warning Services, LLC and Samsung Electronics Co., Ltd. v. WePay Global Payments LLC, determining...

United StatesIntellectual Property

On February 9, 2023 the PTAB issued a Final Written Decision in Early Warning Services, LLC and Samsung Electronics Co., Ltd. v. WePay Global Payments LLC, determining the design claim of US D930,702 ("D'702") unpatentable, as both anticipated and obvious based on a single reference, Reddy, US 2018/0260806 A1 ("Reddy"). See Consolidated PGR2022-00031 and PGR2022-00045, Paper No. 34. D'702 claimed a display screen having an animated graphical user interface (GUI).

As shown below, while much of the GUI was in broken lines, and thus disclaimed, a first image of the claimed GUI depicted three square corners of a QR Code, and a second image depicted a price of $0.00:

1312738a.jpg

The PTAB found D'702 was both anticipated and obvious from Reddy. The PTAB reproduced the following comparison of representative figures of D'702 (modified to omit all aspects that were depicted in broken lines, a technique employed by the Federal Circuit in Campbell Soup Co. v. Gamon Plus, Inc.1,

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