CUPP COMPUTING AS v. TREND MICRO INC.

Summary

The Federal Circuit affirmed PTAB decisions holding claims of three mobile security patents unpatentable as obvious. The court upheld the Board's claim construction that a "security system processor" need not be remote from the mobile device processor, as the specification contemplates an embedded embodiment. It also held that a patentee's disclaimer during an IPR proceeding is not binding on the Board in that same proceeding, and that substantial evidence supported the obviousness finding for the "security agent" limitation based on the Gordon prior art.

Holdings

1. The term 'security system processor' does not require remoteness; it only requires that the processor be different from the mobile device processor.
2. Substantial evidence supports the Board's finding that Gordon's host agent performs security services after wake-up, rendering the security agent limitation obvious.

Questions Presented

1. Whether the Board erred in construing the claim term 'security system processor' as not requiring that the processor be remote from the mobile device processor.
2. Whether substantial evidence supports the Board's finding that the '595 patent's 'security agent' limitation was obvious over the Gordon prior art reference.

Disposition

affirmed