CosmoKey Gets a Duo-Over – Federal Circuit Panel Reverses Finding of Ineligibility

In CosmoKey Solutions GMBH & Co. KG v. Duo Security LLC, No. 2020-2043 (Fed. Cir. Oct. 4, 2021), the Federal Circuit reversed a discovering of ineligibility for claims directed to a pc authentication methodology.

CosmoKey’s patent is directed to an authentication methodology that requires a consumer to activate a timed authentication operate on a cell machine to log into a pc. Duo Safety moved for judgment on the pleadings. The district court docket discovered the claims ineligible below § 101, particularly discovering that the claims had been directed to the summary concept of “authentication” at the 1st step of Alice, and that the remaining components had been generic pc performance at step two.

The Federal Circuit reversed. The bulk first said it was “not convinced” the claims had been broadly “directed to” authentication, as an alternative noting the main target of the claims and the specification on the activation of a timed authentication operate. Nonetheless, in response to the bulk, answering this query at the 1st step was “unnecessary” as a result of the claims had been eligible at step two for reciting a particular enchancment to authentication that “increases security, prevents unauthorized access by a third party, is easily implemented, and can advantageously be carried out with mobile devices of low complexity.”

Decide Reyna concurred within the judgment, however did so by resolving the inquiry at the 1st step, discovering the claims directed to a “specific improvement to authentication.” He considered the bulk’s resolution to skip the 1st step and resolve the inquiry at step two as “turn[ing] the Alice inquiry on its head.” He famous that, with out the the 1st step evaluation, it’s tough to find out whether or not “additional elements transform the nature of the claim into a patent-eligible application” of an summary concept.

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