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4361423 Canada Inc. v. Square, Inc.

Docket 5:19-cv-04311, California Northern District Court (July 26, 2019)
Judge Jeffrey S. White, presiding
Patent
DivisionSan Jose
FlagsADRMOP, AO279, CLOSED, STAYED
Cause15:1126 Patent Infringement
Case Type830 Patent
Tags830 Patent, 830 Patent
Patent
8281998; 8286875; 8584946; 9016566; 9269084; 9311637; 9443239; 9613351; 9818107; 9824350
828199882868758584946
9016566
926908493116379443239961335198181079824350
Plaintiff 4361423 Canada Inc.
Defendant Square, Inc.
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No. 1 COMPLAINT for patent infringement against Square, Inc

Document 43614223 Canada Inc d/b/a AnywhereCommerce v. Square, Inc., 5:19-cv-04311, No. 1 (N.D.Cal. Jul. 26, 2019)
Complaint
Additionally, Square has provided Point of Sale software and transaction servers in the United States for facilitating infringement, instructed its users to connect its products to a mobile communication device such as a cell phone or tablet, and directed use of the Square Point of Sale app on a mobile communication device – all in furtherance of Square’s infringement of the Asserted Patents and, upon information and belief, all within or directed from this district.
With its deep industry knowledge, AnywhereCommerce has built a platform of products and services that enables clients and partners to quickly extend payment acceptance for large and small businesses everywhere.
Square has knowingly and actively aided and abetted the direct infringement of 107. the ‘566 Patent by instructing and encouraging its customers, purchasers, and users to use the ‘566 Accused Products.
Square has knowingly and actively aided and abetted the direct infringement of 127. the ‘084 Patent by instructing and encouraging its customers, purchasers, and users to use the ‘084 Accused Products.
The communication device then transmits the encrypted signal via software from the Square Point of Sale app to Square’s transaction servers, which are located at remote, secured facilities.
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APPARATUS AND METHOD FOR COMMERCIAL TRANSACTIONS USING A COMM...

Docket 13/957,530, U.S. Patent Application (Aug. 2, 2013)
Art Group2876
Case TypeUtility - 235/380000
Class235
Patent
9016566
Tai Kwan Jimmy Tang
Chi Wah Lo
Kenneth G. Mages
...
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Trial Certificate Mailed

Document APPARATUS AND METHOD FOR COMMERCIAL TRANSACTIONS USING A COMMUNICATION DEVICE, 13/957,530, No. KUI88I34LDFLYX4 (U.S. Pat. App. Oct. 8, 2021)
Inventors: Tai Kwan Jimmy Tang; Chi Wah Lo; Kenneth G. Mages (73) Assignee: 4361423 CANADAINC, Trial Number: IPR2019-01649 filed Sep. 30, 2019 Inter Partes Review Certificate for: Patent No.: 9,016,566 Issued: Apr. 28, 2015 Appl.
No.: 13/957,530 Filed: Aug.2, 2013 The results of IPR2019-01649 are reflected in this inter partes review certificate under 35 U.S.C. 318(b).
Claims 1-4 are cancelled.
uf uf uf uf uf
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Trial Termination or Final Written Decision

Document APPARATUS AND METHOD FOR COMMERCIAL TRANSACTIONS USING A COMMUNICATION DEVICE, 13/957,530, No. KO4JNOYXDFLYX10 (U.S. Pat. App. Apr. 22, 2021)
The question of obviousness is resolved on the basis of underlying factual determinations, including 1) the scope and contentofthepriorart; 2) any differences between the claimed subject matter and theprior art; ' The Leahy-Smith America Invents Act (“AIA”), Pub. L. No. 112-29, 125 Stat. 284, 287-88 (2011), amended 35 U.S.C. § 103.
As discussed below, even if we assumethat the term “portable” requires a means of power and a communication connection that could be supplied in a mobile setting, the asserted prior art nonetheless teaches such a portable device.
Alternatively, Vrotsos teaches a card reader with a means of powerthat could be supplied in a mobile setting, and it would have been obviousto a person ofordinary skill in the art to combine Eisner and Proctorso that Eisner’s PRCTTis portable.
Patent 9,016,566 B2 a person of ordinary skill in the art to combinethe cited teachings of Eisner and Proctor so that Eisner’s PRCTT connects to the hands-free jack on Proctor’s mobile phone, which transmits the converted signalto the central verification facility.
As discussed above, Petitioner explains how a personofordinary skill in the art would have combined Eisner, Vrotsos and Proctor, namely, so that Eisner’s PRCTTis a portable smart card reader device and connects to the hands-free jack on Proctor’s mobile phone.
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Power of Attorney

Document APPARATUS AND METHOD FOR COMMERCIAL TRANSACTIONS USING A COMMUNICATION DEVICE, 13/957,530, No. K3PY8N0ERXEAPX2 (U.S. Pat. App. Dec. 3, 2019)
The information is required to obtain or retain a benefit by the public whichis to file (and by the USPTO to process) an application.
Application Number Filing Date (Note: The boxes above may beleft blank if information is provided on form PTO/AIA/82A.)
Please recognize or changethe correspondence addressfor the application identified in the attached transmittal letter or the boxes aboveto: The address associated with the above-mentioned Customer Number
| am the Applicant (if the Applicantis a juristic entity, list the Applicant name in the box): 4361423 Canada Inc., 5250 Decarie Blvd., #615, Montreal, Quebec, H3X 2H9, Canada Inventor or Joint Inventor (title not required below) Legal Representative of a Deceased or Legally Incapacitated Inventor (title not required below) Assignee or Person to Whom the Inventor is Under an Obligation to Assign (provide signer’stitle if applicantis a juristic entity) Person Who Otherwise ShowsSufficient Proprietary Interest (e.g., a petition under 37 CFR 1.46(b)(2) was granted in the application or is concurrently being filed with this document) (provide signer’stitle if applicant is a juristic entity) [senatefidaalme Late ptona)|373172018 6247229OT Vichas fos President and CEO, 4861423 Canada Inc.
The information is required to obtain or retain a benefit by the public whichisto file (and by the USPTOto process) an application.
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Request for Trial Granted

Document APPARATUS AND METHOD FOR COMMERCIAL TRANSACTIONS USING A COMMUNICATION DEVICE, 13/957,530, No. K9MZ2WO8RXEAPX4 (U.S. Pat. App. Apr. 27, 2020)
Petitioner presents evidence that Proctor’s sensor includes a modem that converts the recorded information read from the smart card to a modulated tonal pattern suitable for transmission to a connector on a mobile phone.
Petitioner contends that doing so would allow a user or merchantto “easily transport the smart card reader device to any location where the transaction takes place,” which “is particularly advantageousanddesirable for merchants that ‘conduct business while traveling or at a large facility [that has] distributed customer service.” Jd.
Patent 9,016,566 B2 Petitioner asserts that a person of ordinary skill in the art “would have been motivated to implement Proctor’s user system 14 with Vrotsos’s specific teaching of attaching the smart card reader attachmentdirectly to the cell phone .. .
According to Patent Owner,“[t]he disclosure of the secure microprocessor in connection with achieving the appropriate (encrypted or non-encrypted) analog-audio- formatted signal for transmission to the disclosed jack of a mobile communication device more than ‘reasonably shows’ that the inventors possessed”the claimed invention.
Patent Owner respondsthat a person ofordinaryskill in the art “would have understood from the [Tang] Provisional’s disclosure of a reader sending an analog signal to the jack of a cell phone with the intent of further transmission to a server, and the discussion of data over voice communications, to indicate that further processing would be donein the phone.”” Prelim. Resp. 30 (citing Ex. 2004 qq 23-24).
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Communication - Re: Power of Attorney (PTOL-308)

Document APPARATUS AND METHOD FOR COMMERCIAL TRANSACTIONS USING A COMMUNICATION DEVICE, 13/957,530, No. K3SRAVQSRXEAPX1 (U.S. Pat. App. Dec. 6, 2019)
United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS Q. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov
This is in response to the Power of Attorneyfiled 12/03/2019.
¢ The Power of Attorney to youin this application has been revoked by the applicant.
Future correspondence will be mailed to the new address of record(37 CFR 1.33).
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