July 10, 2007
The U.S Patent and Trademark Office has upheld substantially all of the claims contained in a key patent 5,910,988 held by DataTreasury Corp. that covers processes related to check image exchange. The USPTO decision, reached in May but not made public until recently, follows a formal process in which Plano, Texas-based DataTreasury defended two key patents. The status of the other patent, which also bears on image exchange, is still under consideration at the USPTO. The preliminary office action had followed a re-examination of the two patents requested by First Data Corp., a defendant in litigation DataTreasury has brought alleging infringement of the two patents.
The patents in question are Nos. 5910988 and 6032137, granted in June 1999 and February 2000, respectively. The latest decision, by examiner Peter C. English, upholds all but two of DataTreasury's 123 claims in the first patent, known as the "988" patent. The two rejected claims are among a group of 73 new claims the company asserted during the re-exam process. All of the 50 original claims contained in the 988 patent were upheld. DataTreasury may resubmit the two disallowed claims, which don't touch on check imaging, with amended language.