Document Security Systems, Inc announced today that the Patent Trial and Appeal Board (“PTAB”) was wrong when it found that claims 1–4 and 9–10 of U.S. Patent No. 6,128,290 (“the ‘290 patent”), owned by DSS, were unpatentable.

The ‘290 patent is the subject of DSS’s patent infringement lawsuit against Apple, Inc. (“Apple”) accusing various Apple products utilizing wireless Bluetooth connections to a plurality of peripheral devices, such as a keyboard and a mouse, of infringing the ‘290 patent.  DSS’ lawsuit has stayed pending the resolution of Apple’s claims asserted in the PTAB that the asserted claims of the ‘290 patent were invalid.  “We are pleased that the Federal Circuit recognized that Apple had not proven the claims of the ‘290 patent to be invalid and look forward to pursuing our claims for patent infringement against Apple in court,” stated Jeff Ronaldi, CEO of DSS.

DSS now intends to ask the court handling its patent infringement lawsuit to lift the stay that had been pending resolution of the proceedings initiated by Apple in the PTAB, which DSS expects the court to do, and resume prosecution of those claims against Apple.