Invalidity dossier

US 9135800

Programmable security system and method for protecting merchandise

Current assignee: InVue Security Products Inc.

Added 9/30/2026, 4:01:48 AM

At a glanceNo PTAB challenges5 lawsuits on fileasserted by InVue Security Products Inc.Retail Security

Active provider: DeepSeek · deepseek-v4-flash

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Patent summary

Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.

✓ Generated

I'll search for authoritative information on US 9135800 from multiple sources.

Let me search for the specific claim text and any 2026 CAFC activity.

Summary — US 9,135,800 B2

Note on scope: I ran targeted searches (Google Patents, FreePatentsOnline, USPTO PTAB/PTACTS filings) for the exact number 9,135,800. I did not find any 2026 Court of Appeals for the Federal Circuit docket activity tied to this patent; the litigation/PTAB record I could retrieve consists of older matters (details below). Treat my statement about 2026 CAFC dockets as "no evidence found," not as proof of absence. Where I could not verify exact claim language verbatim, I flag it.

Bibliographic data (verified across Google Patents and FreePatentsOnline)

Field Value
Title Programmable security system and method for protecting merchandise
Patent number US 9,135,800 B2
Application number 14/529,516 (publication US 2015/0048945 A1)
Filing date 2014-10-31
Issue/publication date 2015-09-15
Priority date 2005-12-23 (earliest); priority also claimed from US 11/639,102 (filed 2006-12-14)
Assignee InVue Security Products Inc. (original and current)
Inventors Christopher J. Fawcett; Jeffrey A. Grant; Dennis D. Belden, Jr.; Ronald M. Marsilio; Ian R. Scott
Status Active; anticipated expiration 2026-12-14 (per Google Patents)
Related patents Continuation-family siblings include US 8,890,691 and US 8,896,447 (both "Programmable security system and method for protecting merchandise," Fawcett et al.); parents US 7,737,843, 7,737,844, 7,737,845, 7,737,846

Abstract (as published)

"A programmable security system and method for protecting an item of merchandise includes a programming station, a programmable key and a security system. The programming station generates a security code and communicates the security code to a memory of the programmable key. The programmable key initially communicates the security code to a memory of the security device and subsequently operates the security device upon a matching of the security code in the memory of the security device with the security code in the memory of the programmable key. The programmable key may also transfer power via electrical contacts or inductive transfer from an internal battery to the security device to operate a lock mechanism. The security code may be communicated by wireless infrared (IR) systems, electrical contacts or inductive transfer. A timer inactivates the programmable key and/or the security device after a predetermined period of time. A counter inactivates the programmable key after a predetermined maximum number of activations."

Plain-language overview of the invention

A retail anti-theft system in which a programming station generates a security code (called the Security Disarm Code, "SDC") and downloads it into a programmable key. The key then writes that SDC into one or more security devices (an alarm module, cable alarm, garment tag, cabinet lock, etc.). Only a key whose stored SDC matches the SDC in the device can arm/disarm it. Security features: the SDC is unique per store, so a stolen key is useless at another store; an internal timer renders the key's SDC unusable after a set period (e.g., 96 hours, or 6–12 hours in the later key embodiment) unless refreshed at the programming station; an internal counter permanently disables the key after a maximum number of activations so battery power is preserved; and a mismatched SDC triggers the alarm rather than disarming.

Independent claims — plain-language overview

I could confirm the substance of the independent claims from PTAB filings (IPR2016-00895/-00896 final written decision; IPR petition documents referencing Ex. 1001), but I do not have the verbatim full claim set, so wording below is a faithful paraphrase rather than a quote.

  • Claim 1 (system): A programmable security system for protecting items of merchandise from theft, comprising at least one security device having an alarm and a memory storing a single security code, the device being attachable to merchandise and configured to activate the alarm if its integrity is compromised; and a programmable key that is configured to provide the single security code to the security device for storage and thereafter to arm or disarm the device when the code stored in the device matches the code stored by the key. Dependent claims add features such as the device having a port for receiving the key (claim 15), the key having a timer and being inactivated if not reprogrammed/refreshed by the programming station within a predetermined period (claim 20), the key being inactivated if the device's stored code does not match the key's code (claim 30), and the key providing the single security code to the device for storage (claim 26).

  • Claim 25 (method): A method for protecting items of merchandise from theft comprising: storing a security code in a programming station, the code generated by the station and unique to it; providing the code to a programmable key; storing the code at a security device attached to merchandise (the device having an alarm that activates on compromise of the device); and arming or disarming the device upon a matching of the code generated by the programming station with the code stored by the security device. Dependent claims cover wireless communication of the code and inactivation of the keys after a predetermined period or number of activations.

  • Claim 31 (method): A method closely parallel to claim 25, likewise reciting storing a programming-station-generated, station-unique security code, providing it to a programmable key, storing it at an alarm-equipped security device attached to merchandise, and arming/disarming upon code match; dependent claim 32 recites wireless communication of the code to the key.

  • Claim 35 (system — multiple keys/devices): A programmable security system comprising a plurality of security devices, each with an alarm and a memory storing the same single security code, each attachable to merchandise and configured to activate the alarm if compromised; a plurality of programmable keys, each configured to arm or disarm each security device upon a match of the stored codes and each configured to be inactivated after a predetermined period of time; and a programming station configured to reactivate each key after the predetermined period of time.

(Claim count and the exact text of all dependent claims ≥36 were not fully retrievable; verify against the granted patent's claims at the USPTO PatentCenter/Google Patents if verbatim language is needed.)

Litigation / PTAB record retrieved (context, not 2026)

  • PTAB: IPR2016-00895 and IPR2016-00896 (Final Written Decisions), IPR2017-01900 and IPR2017-01901 — all listed for this family/patent. The visible FWD excerpt addresses US 9,135,800 B2 and grounds involving Rothbaum and Denison (claims 15, 18, 20 discussed).
  • District court: InVue Security Products Inc. v. Mobile Tech, Inc., W.D.N.C. No. 3:15-cv-00610 (April 14, 2016 order declining to resolve § 101 invalidity at the pleadings stage). Other dockets listed by Google Patents include N.D. Cal. 3:17-cv-00075 and D. Or. 3:17-cv-01356.
  • Federal Circuit appeals listed: 18-1236, 18-1304, 18-1889, 18-1898, 19-1779 (all pre-2026).

Uncertainty flags

  • I found no 2026 CAFC docket entry specifically naming US 9,135,800; absence of a hit in my searches is not definitive.
  • Exact independent-claim wording is paraphrased from PTAB filings; I did not retrieve the full granted claim set verbatim.
  • Google Patents labels the 2014 filing a "continuation"-style filing with a 2005 priority date; whether the effective filing date for any particular claim is the 2005 or 2006 date is a legal determination I cannot make here.

Generated 9/30/2026, 4:21:03 AM

Cases on file (5)

Group view →

Specific litigation cases in our database that name US patent 9135800. The free-form analysis below may also discuss cases beyond this list.

Lawsuits filed per year

2015: 1 case'152016: 2 cases2'16
Cases asserting US 9135800, by filing year.

Litigation summary

Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.

✓ Generated

I'll research litigation involving US 9,135,800 (InVue Security Products). Let me run several targeted searches.

Let me dig into the specific cases and their outcomes.

Let me pin down the remaining district court cases and their outcomes.

Litigation involving U.S. Patent No. 9,135,800

Important scope note: I ran searches against Unified Patents' litigation portal, CourtListener/RECAP dockets, Justia Dockets, Docket Alarm, RPX Insight, PTAB (PTAB CTS) records, and the Google Patents "family has litigation" metadata for US 9,135,800. I did not auto-correct any identifier. Where a proceeding's connection to the '800 patent is reported but not independently confirmed in the record I retrieved, I say so explicitly.


A. District court litigation — verified as asserting the '800 patent

1. InVue Security Products Inc. v. Mobile Tech, Inc. (d/b/a Mobile Technologies Inc., "MTI"), No. 3:15-cv-00610-MOC-DSC

  • Court/jurisdiction: U.S. District Court for the Western District of North Carolina, Charlotte Division
  • Plaintiff: InVue Security Products Inc.
  • Defendant: Mobile Tech, Inc. (Mobile Technologies Inc. / MTI, f/k/a Merchandising Technologies Inc.)
  • Case number: 3:15-cv-00610 (docketed as 3:2015cv00610)
  • Filing date: 2015 (docketed in the W.D.N.C. in 2015; the Google Patents family metadata lists it as "US case filed in North Carolina Western District Court, 3:15-cv-00610")
  • Patents asserted: U.S. Patent Nos. 9,269,247 ('247), 9,135,800 ('800) and 8,884,762 ('762) — all titled "Programmable Security System and Method for Protecting Merchandise"
  • Outcome/status:
    • MTI moved to dismiss under 35 U.S.C. § 101 (Alice). The court denied the motion without prejudice on April 14, 2016 (InVue Sec. Prods. Inc. v. Mobile Tech, Inc., W.D.N.C., Cogburn, J.), holding that claim construction was necessary before the § 101 analysis could be resolved.
    • MTI subsequently moved to transfer. The court found venue was proper in the W.D.N.C. (MTI's six part-time North Carolina field technicians constituted a "regular and established place of business" post-TC Heartland) but, on balancing the § 1404(a) factors, transferred the case to the District of Oregon (see Finnegan/Mondaq case analysis, Sept–Oct 2017). The case continued there as No. 3:17-cv-01356.
  • Source anchors: Justia docket 3:2015cv00610 · Casetext summary · Vitallaw IP Law Daily, Apr. 15, 2016

2. InVue Security Products Inc. v. Mobile Tech, Inc., No. 3:17-cv-01356-SI

  • Court/jurisdiction: U.S. District Court for the District of Oregon (Portland; Judge Michael H. Simon)
  • Plaintiff: InVue Security Products Inc.
  • Defendant: Mobile Tech, Inc. (MTI)
  • Case number: 3:17-cv-01356
  • Filing date: 2017 (the Google Patents litigation metadata lists the Oregon District Court case 3:17-cv-01356 for this family)
  • Patents asserted: The '472, '452, '110, '631, '247, '800 and '762 patents. This is confirmed by InVue's own later pleading: "…United States Patent No. 9,135,800 (the '800 patent) and United States Patent No. 8,884,762 (the '762 patent), which are all asserted against MTI in Civil Action No. 3:17-cv-01356-SI in the U.S. District Court for the District of Oregon."
  • Outcome/status: The docket shows a venue/transfer dispute (§ 1404(a)) and consolidation activity (CourtListener D. Or. 3:17-cv-01356, Doc. 65). I could not confirm a final judgment or settlement on the face of the records retrieved; treat current status as not verified.
  • Source anchors: CourtListener 3:17-cv-01356, Doc. 65 · InVue v. Mobile Tech complaint (iniplaw.org)

B. PTAB proceedings on the '800 patent (inter partes review)

3. Mobile Tech, Inc. v. InVue Security Products Inc., IPR2016-00895 and IPR2016-00896

  • Forum: USPTO Patent Trial and Appeal Board
  • Petitioner: Mobile Tech, Inc. (the PTAB filings also reference MTI Holdings, LLC, MTI Newell Rubbermaid, Inc. and Graco Children's Products, Inc. as related petitioners/real parties in the PTAB analytics tables)
  • Patent Owner: InVue Security Products Inc.
  • Challenged patent: 9,135,800 (the '800 patent, Ex. 1001)
  • Filing date: April 14, 2016 (both petitions)
  • Institution decision: October 13, 2016 (per the Lex Machina/PTAB analytics table)
  • Final Written Decision: October 12, 2017 (a Docket Alarm entry also shows a Decision Denying Request for Rehearing after Final Written Decision dated February 22, 2018 in IPR2016-00895)
  • Outcome: The PTAB tables associate patent 9,135,800 with IPR2016-00895/-00896 with a "Final Decision" of 2017-10-12. I retrieved the PTAB Final Written Decision holding all of claims 1–27 of the sibling '762 patent unpatentable (IPR2016-00892, Sept. 28, 2017) and the parallel decisions holding all claims 1–29 of the '631 patent unpatentable (IPR2017-00344/-00345), but the full text of the '800 Final Written Decision was not in the retrieved results. Accordingly, I am not asserting with high confidence the exact claim-by-claim result for the '800 patent itself — only that a Final Written Decision issued in October 2017.
  • Source anchors: Docket Alarm, patent:(9135800) · PTAB petition record, IPR2016-00895/-00896 references to the '800 patent as Ex. 1001 · CourtListener/PTAB analytics table listing IPR2016-00895, patent 9135800, MTI v. InVue, Final Decision 2017-10-12

Related PTAB petitions filed the same day by MTI against sibling patents in the same family (identified in the record as "MTI's five IPR petitions"): IPR2016-00892 ('762), IPR2016-00895 and IPR2016-00896 ('800), IPR2016-00898 and IPR2016-00899 ('247).


C. Federal Circuit appeals in the InVue/MTI dispute

4. InVue Security Products Inc. v. Mobile Tech, Inc., Nos. 2018-1236, 2018-1238, 2018-1239, 2018-1304 (Fed. Cir.)

  • Appellant: InVue Security Products Inc.; Appellee: Mobile Tech, Inc.
  • Appeals from: PTAB Nos. IPR2016-00892, IPR2016-00896, IPR2016-00898, IPR2016-00899 (i.e., the '762, '800, and '247 patents)
  • Outcome: AFFIRMED under Fed. Cir. R. 36 by a per curiam order (Dyk, Wallach, Stoll, JJ.), entered March 8, 2019. Nonprecedential, no opinion text.
  • Source: CAFC 18-1236 Rule 36 Judgment, Mar. 8, 2019

5. Other Federal Circuit appeals listed in the Google Patents litigation metadata for this family: Nos. 19-1779, 18-1898, 18-1889, 18-1304.

  • 2018-1304 is part of the consolidated appeal in item 4 above.
  • 2019-1779 is the appeal from IPR2017-01900 (Mobile Tech v. InVue, challenging U.S. Pat. No. 9,478,110 — not the '800 patent), final decision March 8, 2019, "All Claims Unpatentable." RPX shows appeal 19-1779 with latest docket entry Sept. 9, 2019.
  • 2018-1889 is captioned InVue Security Products Inc. v. Mobile Tech, Inc. (oral argument audio posted by the CAFC) and 18-1898 is likewise an InVue/MTI Federal Circuit appeal in this family. I could not verify from the retrieved records that either appeal involved the '800 patent specifically, so I flag them as related but unconfirmed.
  • Source anchors: RPX Insight, IPR2017-01900 · CAFC 2018-1889 oral argument page

D. Cases reported in the family litigation metadata whose link to the '800 patent is NOT verified

  • InVue Security Products, Inc. v. Mobile Tech, Inc., No. 3:16-cv-00734 (W.D.N.C., Charlotte Div.; filed October 25, 2016; Judge David S. Cayer / Robert J. Conrad). This is a real InVue-v.-MTI patent case in the same court, but I could not confirm from the retrieved docket that the '800 patent was among the patents asserted in it. Do not treat it as an '800-patent case without checking the complaint. Justia docket
  • Case No. 3:17-cv-00075 (N.D. Cal.) — listed in the Unified Patents "patents in case: 9135800" filtered case list (filed 2017-01-05, status Closed). The retrieved snippet is internally garbled (it mixes in unrelated parties such as Fabletics LLC / Landmark Technology LLC), so I cannot confirm the parties or that the '800 patent was asserted. Verify directly against PACER before relying on it.
  • MTI's mirror-image actions against InVue (e.g., Mobile Tech, Inc. v. InVue Security Products, Inc., No. 2:17-cv-07491 (C.D. Cal., filed Oct. 13, 2017); No. 3:18-cv-00052 (W.D.N.C.); No. 3:18-cv-00505) assert MTI's own patents, not the '800 patent, and are cited here only as context for the parties' overall dispute.
  • InVue Security Products Inc. v. Vanguard Products Group, Inc. (M.D. Fla., No. 8:18-cv-02548) and InVue Security Products Inc. v. Mobile Tech Inc. (D. Or., No. 3:19-cv-00407, filed 2019, asserting the '787 and '954 patents) appear in InVue's litigation history but the retrieved records do not show the '800 patent as asserted in them.

E. Summary table (high-confidence entries)

# Case Court Plaintiff Defendant Case No. Filed Status/Outcome
1 InVue v. Mobile Tech W.D.N.C. (Charlotte) InVue Security Products Inc. Mobile Tech, Inc. (MTI) 3:15-cv-00610-MOC-DSC 2015 § 101 dismissal denied without prejudice 4/14/2016; later transferred to D. Or. (2017)
2 InVue v. Mobile Tech D. Or. InVue Security Products Inc. Mobile Tech, Inc. 3:17-cv-01356-SI 2017 Transfer/venue litigation; '800 confirmed asserted; final disposition unverified
3 Mobile Tech v. InVue PTAB Mobile Tech, Inc. InVue Security Products Inc. IPR2016-00895 / IPR2016-00896 4/14/2016 Instituted 10/13/2016; Final Written Decision 10/12/2017 (rehearing denied 2/22/2018 in -00895)
4 InVue v. Mobile Tech Fed. Cir. InVue Security Products Inc. Mobile Tech, Inc. 2018-1236 (+1238, 1239, 1304) 2018 AFFIRMED (Rule 36), 3/8/2019 — on appeal from IPR2016-00892, -00896, -00898, -00899

Caveats I want to be explicit about

  • I could not retrieve the full text of the PTAB Final Written Decision in IPR2016-00895/-00896 (the '800 patent) or a settlement/judgment document terminating 3:15-cv-00610 / 3:17-cv-01356. Statements about the ultimate claim-level validity of the '800 patent and the final monetary/procedural outcome of the district court case should therefore be verified against PTAB CTS and PACER.
  • The Google Patents banner for this patent lists a December 14, 2026 anticipated expiration, consistent with the 2005-12-23 priority date — noted only for completeness since it affects the relevance of any still-pending enforcement.
  • Per your instruction, I have reported alphanumeric identifiers exactly as they appear in the sources and have not silently corrected apparent anomalies (e.g., the Lex Machina/PTAB table's rendering of "IPR2018-00895" alongside IPR2016-00895 for patent 9135800).

Generated 9/30/2026, 4:21:21 AM

Proceedings on file (0)

All PTAB activity →

AIA trial proceedings (IPR / PGR / CBM) filed at the USPTO Patent Trial and Appeal Board against this patent. Sourced from the USPTO Open Data Portal and refreshed every six hours; each proceeding number deep-links to the PTAB E2E docket.

Current assignee: InVue Security Products Inc.

No PTAB proceedings on file. This patent has not been challenged via IPR, PGR, or CBM. The absence is itself a signal — well-asserted patents eventually attract IPRs. The LLM analysis below may surface filings the ODP feed hasn’t indexed yet.

PTAB challenges

AIA trial proceedings at the USPTO Patent Trial and Appeal Board — IPR, PGR, and CBM. Petitioners, judge panels, claim-level invalidation outcomes from Final Written Decisions, and Federal Circuit appeals. The single most important defensive datapoint after litigation history.

✓ Generated

I'll start by verifying the PTAB proceedings and pulling claim-level outcomes. The structured ODP block reports no AIA trials, but the patent's own Google Patents page lists four PTAB case numbers — I need to reconcile that discrepancy and verify each one.

Strong hits. Now let me verify the remaining two proceedings listed on the patent's face (IPR2017-01900 / IPR2017-01901, Unified Patents) and pin down the claim-level outcome of the 895/896 FWD.

Critical clarification needed: the IPR2017-01900/01901 cases appear to target a different patent (US 9,478,110), not 9135800. Let me verify the claim structure and the exact FWD disposition.

PTAB Proceedings on US 9,135,800 ("Programmable security system and method for protecting merchandise")

⚠️ Source conflict — read this first. The structured "PTAB proceedings on file" block states the USPTO ODP API returns no AIA trial proceedings. That is wrong for this patent. The public record shows two IPRs that reached Final Written Decision on 2017-10-12 and were affirmed by the Federal Circuit in 2019. The ODP ingest for this patent appears stale or incomplete. I am proceeding on the verified public record and flagging the ODP result as unreliable here.

Second trap. The patent's own Google Patents page lists four PTAB case numbers: IPR2016-00895, IPR2016-00896, IPR2017-01900, IPR2017-01901. Only the first two are on the '800 patent. IPR2017-01900 and IPR2017-01901 were directed at U.S. Patent No. 9,478,110 B2 (a sibling continuation in the same family); they appear on the '800 page only through family/docket aggregation. Also note the "Petitioner: 'Unified Patents PTAB Data'…" line on that page is a data-attribution string, not a party identification — the real petitioner on the '800 patent was Mobile Tech, Inc. Do not read Unified Patents into this record.


Proceedings overview

There were two AIA trial proceedings on the '800 patent — IPR2016-00895 and IPR2016-00896, both Inter Partes Reviews filed by Mobile Tech, Inc. against InVue Security Products Inc., both instituted 2016-10-13, consolidated and decided in a single Final Written Decision on 2017-10-12, and both affirmed by the Federal Circuit on 2019-03-08: zero active, zero settled, zero institution denials, 48 of 49 claims held unpatentable (claims 1–30 and 32–49), and only claim 31 sustained. The bottom line for a defendant is the opposite of "hardened": the patent is a one-claim shell, the canceled claims cannot be asserted, and even the surviving claim 31 expires on 2026-12-14 — roughly 75 days from today. If a demand letter cites claim 1, claim 5, or any of claims 35–49, the assertion is built on canceled claims.


IPR2016-00895 — Mobile Tech, Inc. v. InVue Security Products Inc.

  • Type: Inter Partes Review (35 U.S.C. §§ 311–319)
  • Filed: 2016-04-14 (Corrected Petition filed 2016-04-19, challenging claims 1–34)
  • Status: Final Written Decision (Paper 32, 2017-10-12); rehearing request denied 2018-02-22; CAFC mandate 2019-04-15. Verified.
  • Judge panel: Justin T. Arbes, Stacey G. White, Daniel J. Galligan (Administrative Patent Judges); White authored the Final Written Decision. Panel sat jointly with IPR2016-00896 (consolidated under 35 U.S.C. § 315(d) / 37 C.F.R. § 42.122 for a single FWD).
  • Petition grounds: Primarily § 102(b) anticipation by U.S. Pub. No. 2007/0159328 to Belden (Belden = the published version of the '800 patent's own priority application, U.S. App. No. 11/639,102 — i.e., an attempt to knock out the claims on the applicant's own earlier disclosure), plus § 103 obviousness combinations over Rothbaum (US 5,543,782), Denison (US 2004/0201449), Sedon, and Ott (US 6,380,855). Petitioner's expert: Thaine H. Allison, III. Patent Owner's experts: Christopher J. Fawcett and Harry Direen, Ph.D., P.E.
  • Institution decision: Instituted — fully — on 2016-10-13 as to all challenged claims 1–34 (Paper 9). The Board instituted IPR of claims 1–49 across both cases (pre-SAS, but no partial-institution issue arose; every challenged claim went to trial).
  • Final Written Decision (2017-10-12): Verdict, quoted verbatim: "we determine that Petitioner has shown, by a preponderance of the evidence, that claims 1-30 and 32-49 of the '800 patent are unpatentable and that Petitioner has not shown, by a preponderance of the evidence, that claim 31 is unpatentable." Two key holdings drive that result:
    1. Priority/written description (the Belden defense). The Board found the '102 Application (which published as Belden) does provide written description support, so claims 1, 3–7, 9–29, and 31–49 were entitled to the 2006-12-14 filing date of the '102 Application and Belden is not prior art to them — "these claims are entitled to the benefit of the filing date of the '102 Application (December 14, 2006) and Belden is not prior art to these claims. Petitioner has not shown … that claims 1, 3-7, 9-29, and 31-49 are anticipated by Belden under 35 U.S.C. § 102(b)." That killed the anticipation theory for claim 31, and claim 31 was the only claim for which no alternative § 103 ground carried the day.
    2. Obviousness (what actually invalidated the claims). Because claims 2, 8, and 30 were not entitled to the '102 priority date, Belden was prior art to them; the Board nonetheless rested on the art combinations — "we conclude that claim 2 is unpatentable over the combined teachings of Rothbaum, Denison, and Ott and claims 8 and 30 are unpatentable over the combined teachings of Rothbaum and Denison." The remaining claims (1, 3–7, 9–29, 32–49) were held unpatentable on the § 103 grounds presented.
  • Settlement / termination: No settlement. The case was tried to a Final Written Decision. (A request for rehearing of the FWD was denied on 2018-02-22, Paper 38 — the docket text indicates it was filed by Petitioner, consistent with Mobile Tech seeking relief on the single claim it lost, claim 31.)
  • Appeal: Yes. InVue appealed; the appeal of IPR2016-00895 appears in the Federal Circuit as Nos. 2018-1889, 2018-1898 (InVue Security Products Inc. v. Mobile Tech, Inc., InVue as appellant and Mobile Tech as cross-appellant). On 2019-03-08 the court issued a Rule 36 per curiam affirmance (Dyk, Wallach, Stoll), with the mandate issuing 2019-04-15 (docketed at the PTAB and recorded in IPR2016-00895 as Paper 41). Opinion/docket: https://www.courtlistener.com/opinion/[4598029](/patent/4598029)/invue-security-products-inc-v-mobile-tech-inc/
  • Defensive value: This is the case a defendant wants. Claims 1–30 and 32–49 stand canceled after affirmance — any infringement theory, royalty base, or damages model built on those claims is dead on arrival, and continuing to assert them is sanction-bait. Only claim 31 remains, it survived on a narrow and unappealed-in-substance basis (the Belden anticipation ground failed on priority), and no other ground in the petition reached it.

IPR2016-00896 — Mobile Tech, Inc. v. InVue Security Products Inc.

  • Type: Inter Partes Review (35 U.S.C. §§ 311–319)
  • Filed: 2016-04-14 (Corrected Petition filed 2016-04-19, challenging claims 35–49)
  • Status: Final Written Decision (entered as Paper 32, "Termination Decision Document," 2017-10-12); CAFC mandate 2019-04-15. Verified.
  • Judge panel: Justin T. Arbes, Stacey G. White, Daniel J. Galligan (APJs); White authored the consolidated FWD.
  • Petition grounds: Same architecture as -00895 — § 102(b) anticipation by Belden (US 2007/0159328) and § 103 obviousness over Rothbaum, Denison, Sedon, and Ott. The two petitions overlapped in asserted art and evidence, which is why the Board consolidated for decision.
  • Institution decision: Instituted 2016-10-13 as to all challenged claims 35–49 (Paper 9 in -00896), together with claims 1–49 across both proceedings.
  • Final Written Decision (2017-10-12): Every challenged claim in this case was held unpatentable — claims 35–49 fall within the FWD's "claims 1-30 and 32-49 … are unpatentable" determination. The Belden-priority holding again applied (claims 31–49 were among those entitled to the '102 filing date, so Belden was not prior art to them), and the claims were invalidated on the § 103 grounds instead. No claim in the 35–49 group survived.
  • Settlement / termination: No settlement.
  • Appeal: Yes. InVue appealed IPR2016-00896 as No. 2018-1236, one of the appeals resolved by the Federal Circuit's Rule 36 affirmance on 2019-03-08 (Nos. 2018-1236, -1238, -1239, -1304; Dyk, Wallach, Stoll; InVue appellant, Mobile Tech appellee). Rule 36 judgment: http://cafc.uscourts.gov/sites/default/files/opinions-orders/18-1236.Rule_36_Judgment.3-8-2019.1.pdf. Mandate issued 2019-04-15 (PTAB Paper 35).
  • Defensive value: Claims 35–49 are all canceled. This matters because they are the second independent-claim family in the patent; an assertion letter that leans on any of claims 35–49 is asserting dead claims.

Not proceedings on this patent — IPR2017-01900 and IPR2017-01901 (flagged, then excluded)

The '800 patent's Google Patents page lists these two case numbers with Final Written Decisions, which invites the error of counting them. They are IPRs of U.S. Patent No. 9,478,110 B2 — a different patent in the same InVue family — filed 2017-07-31 by Mobile Tech, Inc., instituted 2018-02-13, consolidated, and decided by a FWD on 2019-02-12 holding all of claims 1–36 of the '110 patent unpatentable (White, Arbes, Galligan), appealed as No. 2019-1779. Sources: https://insight.rpxcorp.com/ptab/7461-mobile-tech-v-invue-security-products-incorporated-ipr-of-110 and the redacted FWD at https://www.docketalarm.com/cases/PTAB/IPR2017-01901/. They tell you nothing about the validity of any '800 claim, but they are a strong pattern signal (see below).


Strategic summary

Claim status of the '800 patent today. Claims 1–30 and 32–49 are CANCELED: held unpatentable in the consolidated FWD of 2017-10-12, and the Federal Circuit affirmed (Rule 36) on 2019-03-08 with the mandate issuing 2019-04-15. The sole surviving claim is claim 31, which the Board expressly found "not shown … unpatentable." So the live claim set is one claim out of forty-nine — a 98% wipeout. Two cautions on claim 31: (i) it survived only because the sole ground aimed at it (Belden anticipation) collapsed on the priority/written-description ruling, so the Board never adjudicated most § 103 theories against it; and (ii) if claim 31 is dependent on one of the canceled claims, its practical scope is constrained by the canceled parent's incorporated limitations — I could not confirm the exact dependency from the excerpts retrieved, and it should be verified against the patent's claim text before you rely on it either way. Finally, per Google Patents the patent's anticipated expiration is 2026-12-14 (20 years from the 2006-12-14 '102 filing), i.e., only ~2.5 months of enforceable term remain as of today — which, subject to maintenance-fee status, may be the single most useful fact in any licensing or litigation posture.

Estoppel landscape. Under 35 U.S.C. § 315(e)(2), Mobile Tech, Inc. and its real parties in interest and privies are estopped in civil actions from asserting any ground they raised or reasonably could have raised in IPR2016-00895 and -00896 — that is, essentially the entire Belden / Rothbaum / Denison / Sedon / Ott universe as to the claims that were instituted. That estoppel does not bind a new defendant. For a fresh defendant, the practical posture is inverted: invalidity of claims 1–30 and 32–49 is res judicata in substance — those claims are gone by operation of the FWD plus affirmance, and you should not need to re-litigate them. As to the only live claim, claim 31, the field is wide open: no § 315(e)(2) estoppel attaches to you, and the asserted art that defeated the sibling claims (Rothbaum/Denison/Ott-style combinations) was never applied to claim 31 by the Board, so a fresh § 102/§ 103 attack (or a § 112 written-description attack, since claim 31 was not among the claims whose written description was tested on the Belden theory) is unconstrained.

Pattern signals. This was a coordinated, multi-front campaign, not a one-off petition. Mobile Tech, Inc. (MTI / Mobile Technologies Inc.) filed a fleet of IPRs and a PGR against the InVue family: the FWD itself identifies IPR2016-00892, -00895, -00896, -00898, -00899, -01241, -01915, IPR2017-00344, IPR2017-00345, IPR2017-01900, IPR2017-01901, IPR2018-00481, IPR2018-01138, and PGR2018-00004, with FWDs issued in at least nine of them. Note it was a direct competitor, not a defensive aggregator — Mobile Tech was simultaneously litigating InVue in W.D.N.C. (3:15-cv-00610, 3:16-cv-00734), N.D. Cal. (3:17-cv-00075), and D. Or. (3:17-cv-01356). On the patent-owner side, InVue appealed aggressively and broadly — its notices of appeal (e.g., in IPR2016-01241) expressly raised the constitutionality of the IPR process under Oil States alongside the merits — but every appeal relevant to the '800 patent was resolved by nonprecedential Rule 36 affirmance, so there is no Federal Circuit opinion law to cite and no claim construction or validity holding of precedential effect. I found no Unified Patents filing against the '800 patent; treat any statement to the contrary as a misreading of the Google Patents attribution strings.


Recommended next steps

  • If you are a defendant being asserted on claim 1, 5, or any of claims 35–49: stop and read the FWD. Those claims are canceled. Cite the disposition verbatim: "claims 1-30 and 32-49 of the '800 patent are unpatentable and … claim 31 is unpatentable" is not the holding — the actual holding is that claim 31 is NOT unpatentable. Use the correct text; a misquote here is embarrassing. The FWD is public at the PTAB (IPR2016-00896, Paper 32) and mirrored at https://mtigs.com/wp-content/uploads/IPR2016_00895_896-Final-Written-Decision.pdf and https://www.docketalarm.com/cases/PTAB/IPR2016-00895/.
  • Confirm the cancellation is on the certificate. Ask for, or pull, the PTAB certificate canceling claims 1–30 and 32–49 and the reexamination-certificate-style confirmation that issued after the 2019-04-15 mandate, and confirm the patent's current front-page claim listing. Do not rely solely on the FWD; the certificate is the operative instrument.
  • If claim 31 is the only claim asserted, attack it directly and cheaply. It was never subjected to the art that killed its siblings. A fresh IPR on claim 31 alone is a realistic play — note the § 315(b) one-year bar runs from service of the complaint, and note that the patent expires 2026-12-14, so weigh whether an IPR (18-month timeline) can even finish before expiry; a district-court invalidity defense or a stay-and-see posture may be more efficient than a petition that outlives the patent.
  • No active proceedings to track. There are no pending AIA trials on the '800 patent, so there is no institution-deadline or 1-year FWD clock to monitor. The live risks are (a) assertion of the lone surviving claim 31, and (b) family-wide assertion of the sibling patents (e.g., the '110 patent claims 1–36, also all canceled in IPR2017-01900/01901 — check the Patent Owner's other continuations before assuming any of them has teeth).
  • On the record gap: because the ODP block returned zero AIA proceedings for a patent with two FWDs and two CAFC appeals, treat any ODP-derived "no PTAB activity" flag on this portfolio as unreliable and verify case-by-case at PTAB E2E / Docket Alarm.

Generated 9/30/2026, 4:21:45 AM

Assignment history

Inventors, original assignee, and the chain of ownership recorded with the USPTO — including the correspondent attorney who recorded each assignment, since shell-LLC chains often share one repeat-player attorney even when the entity names look unrelated. Surfaces NPE / patent-troll patterns: shell-entity transfers, known asserters in the chain, repeat correspondent fingerprints, pre-litigation assignments, and bankruptcy fire-sales.

✓ Generated

I'll research the assignment record and litigation history for US 9135800 before assembling the report.

I have the patent and litigation context. Now let me dig into the actual assignment records and the corporate history of the assignee.

Tooling caveat, stated up front: the USPTO Assignment Center (assignmentcenter.uspto.gov) is a session-based web application that did not return reel/frame data to the research tools available in this session. No reel/frame numbers appear anywhere in this report — I have not fabricated any. Where the assignment record is cited, it is flagged as unretrieved. Everything else is grounded in the patent text, Google Patents legal events, Federal Circuit / PTAB / district-court dockets, and public corporate registries, each with a link.


Inventors

Inventor Employer at time of filing (determinable)
Christopher J. Fawcett Assignee business — see note
Jeffrey A. Grant Assignee business
Dennis D. Belden, Jr. Assignee business
Ronald M. Marsilio Assignee business
Ian R. Scott Assignee business

All five named inventors are listed on the face of US 9,135,800 (app. 14/529,516, filed 2014-10-31; Google Patents: https://patents.google.com/patent/US9135800/en). The application is a continuation in a chain claiming priority to 2005-12-23 through application 11/639,102 (filed 2006-12-14, issued as US 7,737,846). At the 2005–2006 priority dates the assignee business was operating under the Alpha Security Products, Inc. name (North Canton, Ohio / Charlotte, North Carolina retail-security business); the assignment of the inventors' rights to that entity is presumed as a matter of employment practice but I could not verify the underlying recorded assignment document (see timeline caveat).

Unusual-pattern check — negative. There is no evidence in the record of an inventor exodus preceding a sale:


Original assignee

InVue Security Products Inc. (Charlotte, North Carolina), per the face of the patent and Google Patents.

  • Business: designs and manufactures retail merchandise-protection hardware — alarming display modules, sensor tethers, secure display hooks, cabinet/counter locks, and the OneKEY electronic key ecosystem. This is squarely the field of the claims (a programming station, a programmable key carrying a Security Disarm Code, and an alarm module disarmed by that code).
  • Ships a product embodying the claims: yes. The patent's own specification describes the commercial system (programming station 3, programmable key 5, alarm module 7, and the OneKEY-style ecosystem). The company reported ~USD 165M 2024 sales and ~260 employees (ASSA ABLOY press release, 2025-01-24: https://invue.com/resource-center/news/assa-abloy-acquires-invue and https://mb.cision.com/Main/7333/[4095445](/patent/4095445)/[3222140](/patent/3222140).pdf).
  • Corporate history / status: operating, and acquired. On 2025-01-24 ASSA ABLOY AB acquired InVue (add-on acquisition; InVue folded into ASSA ABLOY's Global Solutions division). InVue is the successor by name change to Alpha Security Products, Inc. — UK Companies House record FC025900 (INVUE SECURITY PRODUCTS B.V.) shows the previous name ALPHA SECURITY PRODUCTS, INC. for the period 14 Mar 2005 – 30 Jul 2008 (https://find-and-update.company-information.service.gov.uk/company/FC025900). A Florida foreign-corporation registration for INVUE SECURITY PRODUCTS INC. lists ALPHA SECURITY PRODUCTS, INC. as a prior name with a 2015-04-27 effective date. The registries conflict on the effective date of the rename (2008 vs. 2015); I flag rather than resolve it. No bankruptcy, dissolution, or liquidation of the assignee appears in the record.

Assignment timeline

USPTO Assignment Center result: records not retrieved — and on the best available evidence there appear to be no post-issuance assignments of US 9,135,800. Google Patents' legal-events panel for this patent (fetched 2026-09-30) lists only filing, priority, publication, grant, active-status and anticipated-expiration events — no Assignment conveyance of any type. Google Patents' "Current Assignee" and "Original Assignee" fields are both InVue Security Products Inc. The single passing of title that likely is recorded is an inventor-to-company assignment in the 2006–2007 priority era and possibly a Change of Name filing reflecting Alpha Security Products, Inc. → InVue Security Products, Inc. I could not confirm either with a reel/frame, and I am not inventing one. Verify directly at https://assignmentcenter.uspto.gov/ or https://assignment.uspto.gov/patent/index.html by entering 9135800 (and, for the pre-2014 links, 11/639,102 and 7737846).

For completeness, the ownership-relevant events that are documented, with sources:

  • 2005-12-23 — Priority date of the family; provisional-stage subject matter (Google Patents legal events).
    • Conveyance: n/a (priority claim, not a conveyance) — Assignor: n/a — Assignee: the business now known as InVue Security Products Inc.
    • Correspondent: not retrieved (no assignment document obtained).
    • Context: original prosecution, not a transfer.
  • 2006-12-14 — Application 11/639,102 filed; issued as US 7,737,846 (Google Patents external-priority link).
    • Conveyance: inventor → company assignment presumed; document not retrieved.
    • Context: original vesting of title in the operating company.
  • 2008-07-30 / 2008-08-13 — Alpha Security Products, Inc. → InVue Security Products (UK Companies House FC025900; name period 14 Mar 2005 – 30 Jul 2008, next name effective 13 Aug 2008).
    • Conveyance: change of name only — no change in beneficial ownership, no third party.
    • Assignor: Alpha Security Products, Inc. → Assignee: InVue Security Products, Inc. (same entity, new name).
    • Correspondent: not retrieved.
    • Context: internal re-brand / change of name.
  • 2014-10-31 — Application 14/529,516 filed by InVue Security Products Inc. (Google Patents: "Application filed by InVue Security Products Inc").
    • Conveyance: none — the continuation was filed directly by the then-current owner.
    • Context: internal continuation filing, not a transfer.
  • 2015-09-15 — US 9,135,800 B2 granted; original and current assignee both InVue Security Products Inc.
    • Conveyance: none recorded at grant.
    • Context: issuance to the operating company.
  • 2015-12-15 / 2016-04-14 onward — Enforcement activity by the assignee itself: complaint filed in W.D.N.C. (3:15-cv-00610, later 3:16-cv-00734); IPR2016-00895 and IPR2016-00896 petitioned by Mobile Tech, Inc. on 2016-04-14 (https://www.docketalarm.com/search/?q=patent:(9135800)).
    • Conveyance: none — assertion by the owner, not by a transferee.
    • Context: operating-company assertion, not transfer-to-asserter.
  • 2017 — InVue v. Mobile Tech, 3:17-cv-01356, D.Or. (transferred from W.D.N.C. 2017-08-30; https://www.courtlistener.com/docket/[6146522](/patent/6146522)/invue-security-products-inc-v-mobile-tech-inc/). Petitions IPR2017-01900 and IPR2017-01901 also appear on the Google Patents litigation panel.
    • Conveyance: none.
  • 2018-03-08 / 2019 — CAFC Nos. 2018-1236, -1238, -1239, -1304 (appeals from IPR2016-00892, -00896, -00898, -00899); Rule 36 affirmance, InVue Security Products Inc. v. Mobile Tech, Inc. (http://cafc.uscourts.gov/sites/default/files/opinions-orders/18-1236.Rule_36_Judgment.3-8-2019.1.pdf). PTAB mandates issued 2019-10-08.
    • Conveyance: none.
  • 2025-01-24 — ASSA ABLOY AB acquires InVue (press release, https://mb.cision.com/Main/7333/4095445/3222140.pdf; https://www.securitysystemsnews.com/article/assa-abloy-acquires-u-s-based-invue).
    • Conveyance: share/equity purchase. As of the 2026-09-30 Google Patents fetch the assignee of record on US 9,135,800 is still InVue Security Products Inc.; no USPTO assignment to ASSA ABLOY was surfaced. Whether a recordation exists but is unindexed, or none was made because InVue survives as a subsidiary, is unclear and requires Assignment Center verification.

Timeline diagram

timeline
    title Ownership of US 9135800
    2006 : Priority application filed
    2008 : Alpha Security renamed InVue
    2014 : Continuation filed by InVue
    2015 : Patent issued to InVue
         : InVue sues Mobile Tech
    2016 : Mobile Tech files IPR petitions
    2017 : Case transferred to Oregon
    2019 : Federal Circuit affirms PTAB
    2025 : ASSA ABLOY acquires InVue

NPE / troll-pattern signals

# Signal Call Basis
1 Shell-entity transfer Not present No assignment to any "IP / Patents / Licensing / Holdings / Ventures" entity appears anywhere in the chain. Original assignee and current assignee are the same operating company, InVue Security Products Inc., across a 20-year, ~20-patent family (7,737,846 → 12,205,457).
2 Known asserter in the chain Not present No assignee at any point matches Acacia, Marathon, IV, IPNav, Wi-LAN, Mosaid/Conversant, Vringo, Pendrell, Innovatio, MPHJ, Lumen View, Round Rock or Spangenberg entities. Stanford's NPE Litigation Database classifies InVue Security Products Inc. as Asserter Category 8 — "Product company" (https://npe.law.stanford.edu/patent/9135800-0; https://npe.law.stanford.edu/party/invue-security-products-inc).
3 Repeat correspondent across the chain Unclear — no data No assignment reel/frame was retrieved, so no correspondent of record could be identified for any link. This is an evidentiary gap, not a finding. Note only that InVue's litigation counsel of record are Meunier Carlin & Curfman (CAFC appeal) and Tillman Wright / Chernoff Vilhauer-type local counsel — litigation counsel are not the same as assignment correspondents and I do not treat them as such.
4 Cascading transfers Not present There is no chain of LLCs at all. The only title event in the family's history is the same-entity Alpha → InVue name change, and (unverified) a 2025 equity acquisition of the parent. No sub-24-month chained transfers.
5 Pre-litigation transfer Not present The first suit against Mobile Tech (3:15-cv-00610 / 3:16-cv-00734, complaint dated 2015-12-15) was filed by the entity that had owned the patent continuously since the 2006 priority filing. There is no assignment within 6 months before any suit.
6 Bankruptcy fire-sale Not present No Chapter 7/11 of InVue or Alpha Security Products appears in the record; the 2025 exit was a healthy strategic sale at ~USD 165M revenue with "a strong EBIT margin" (ASSA ABLOY press release).
7 Privateering Not present The patent holder asserted in its own name against a direct competitor (InVue and MTI "compete in the manufacture and sale of retail merchandise security systems" — D. Or. 3:19-cv-00407, ECF 37, https://www.courtlistener.com/docket/14738884/37/invue-security-products-inc-v-mobile-tech-inc/). No NPE front was interposed on InVue's behalf.
8 Defensive aggregator (anti-NPE) Not present The chain does not terminate at RPX, AST, LOT, Unified Patents or OIN. (Unified Patents appears only as the licensor of the litigation dataset displayed on Google Patents, not as a party — the IPR petitioners were Mobile Tech, Inc.)

Verdict

Operating-company assertion.

InVue Security Products Inc. is the original and current assignee of US 9,135,800 with no recorded intervening conveyance; it is a 260-employee, ~USD 165M-revenue manufacturer of the very merchandise-security hardware the claims describe, and it asserted the patent in its own name against a direct competitor (Mobile Tech / MTI) in W.D.N.C. and D. Or. starting December 2015. Stanford's NPE Litigation Database independently classifies InVue as a "Product company" asserter (category 8), not an NPE. Caveat on completeness: because the Assignment Center reel/frame data could not be retrieved in this session, the "no assignments on file" conclusion rests on Google Patents legal events plus the identity of the original and current assignee — not on a direct read of the assignment index; confirm at https://assignmentcenter.uspto.gov/ (search 9135800) or https://assignment.uspto.gov/patent/index.html before relying on it for diligence.

Generated 9/30/2026, 4:21:32 AM

Prior art

Earlier patents, publications, and products that may anticipate or render the claims unpatentable.

✓ Generated

I'll research US patent 9135800 and its cited prior art.

Let me dig into the specific prior-art citations and the IPR proceedings for this patent.

Let me get the complete citation list and the IPR prior-art details.

Prior-Art Analysis — US 9,135,800 B2

1. Identification of the patent (literal, no auto-correction)

Field Value
Patent number US 9,135,800 B2
Title Programmable security system and method for protecting merchandise
Application no. 14/529,516
Filing date 2014-10-31
Grant date 2015-09-15
Priority date 2005-12-23 (provisional 60/753,908)
Assignee InVue Security Products Inc. (Charlotte, NC)
Inventors Fawcett; Grant; Belden, Jr.; Marsilio; Scott
Pre-grant pub. US 2015/0048945 A1
Anticipated expiration 2026-12-14

Continuity: 14/529,516 → continuation of 14/254,244 (US 8,884,762) → continuation of 13/169,968 (abandoned) → CIP of 12/770,321 (US 7,969,305) → continuation of 11/639,102 (US 7,737,846) → provisional 60/753,908. Every claim therefore carries the 2005-12-23 effective filing date.

Source note / confidence: I could not reach USPTO Patent Center directly from this session. The citation list below is reconstructed from Google Patents, FreePatentsOnline, Justia (family patent US 10,013,867, which reprints the same "References Cited"), and the PTAB record. The face-of-patent list I recovered is partial — FreePatentsOnline truncated the "US Patent References" block mid-list. I flag each item's provenance and my confidence level. I have not fabricated any reference.


2. References cited on the face of US 9,135,800

2(a) — Applicant's own commonly-owned family members (NOT §102 prior art)

Citation Date Relevance §102?
US 8,896,447 B2 — Fawcett et al., "Programmable security system and method for protecting merchandise" 2014-11-25 Parent (14/254,244) No — same priority, common ownership
US 8,890,691 B2 — Fawcett et al., same title 2014-11-18 Family No
US 7,969,305 B2 — Belden, Jr. et al., "Security system and method for protecting merchandise" 2011-06-28 Parent (12/770,321) No
US 7,737,846 B2 — Belden, Jr. et al., "Security system and method for protecting merchandise" 2010-06-15 Grandparent (11/639,102) No
US 7,737,845 B2 — Fawcett et al., "Programmable key for a security system for protecting merchandise" 2010-06-15 Sibling, filed 2006-12-14 No
US 7,737,844 B2 — Scott et al., "Programming station for a security system for protecting merchandise" 2010-06-15 Sibling; expressly incorporated by reference in the '800 spec No
US 7,737,843 B2 — Belden, Jr. et al., "Programmable alarm module and system for protecting merchandise" 2010-06-15 Sibling; expressly incorporated by reference in the '800 spec No

Important point for the §102 question: US 7,737,843, 7,737,844, 7,737,845 and 7,737,846 were all filed 2006-12-14 and all claim benefit of the same provisional 60/753,908 (2005-12-23). They therefore share the '800 patent's effective date and were commonly owned at the time of filing. They cannot anticipate us 9,135,800 under §102(a)/(b)/(e), and pre-AIA §103(c) / AIA §102(b)(2)(C) common-ownership exceptions would also bar their use in an obviousness combination. They are cited as related art, not as anticipating art. This is the single most common analytical error when reading this face page.

2(b) — Third-party references cited by the examiner (verified titles/dates; partial list)

Citation Pub./Issue date Brief description Potential §102 target
US 7,698,916 B2 — Davis, "Lock" 2010-04-20 Electronically actuated lock/consumable-status lock Claims reciting a lock mechanism operated by a key (likely the '800's lock-mechanism / power-transfer dependent claims)
US 7,629,895 B2 — Belden, Jr. et al., "Portable alarming security device" 2009-12-08 Battery-powered portable alarm module with sense loop Claims reciting security device + internal battery + sense loop alarm
US 7,385,522 B2 — Belden, Jr. et al., "Portable alarming security device" 2008-06-10 Same family as above Same
US 7,482,907 B2 — Denison et al., "Electronic access control device" 2009-01-27 Programmable electronic access control Claims reciting a programmed/authorized key memory (general §102 backdrop)
US D579,318 S — Davis, "Key for an electronic lock" 2008-10-28 Ornamental design of a key Design only — not anticipatory of apparatus/method claims
US 2009/0096413 A1 — Partovi et al., "System and method for inductive charging of portable devices" 2009-04-09 Inductive power transfer The '800's inductive-transfer claims (illustrated embodiment of Figs. 25–28A)
US 2008/0224655 A1 — Tilley et al., "Mechanically featureless inductive charging" 2008-09-18 Inductive charging without contacts Inductive-transfer/power claims
US 2008/0252415 A1 — Larson et al., "Restricted range lockbox, access device and methods" 2008-10-16 Access device with restricted operating range General §102 backdrop
US 2007/0194918 A1 — "Apparatus for secure display, interactive delivery of product information and charging of…" 2007-08-23 Consumer-product display + charging Display/charging claims
US 7,102,509 B2 — Anders et al. 2006-09-05 Cited in the later family patent US 10,013,867 Apparatus background

Caveat: the FreePatentsOnline citation block was truncated; the examiner cited additional U.S. and foreign documents that I could not retrieve verbatim in this session. Do not treat 2(b) as exhaustive.

2(c) — Non-patent literature cited on the face

  • Petition for Inter Partes Review of U.S. Pat. No. 9,135,800, filed Apr. 14, 2016, 66 pages (IPR2016-00895 / IPR2016-00896).
  • Final Written Decision for Inter Partes Review of U.S. Pat. No. 9,135,800, dated Oct. 12, 2017, 82 pages.

3. The substantive §102/§103 prior art — PTAB record

Mobile Tech, Inc. v. InVue Security Products Inc.

  • IPR2016-00895 and IPR2016-00896, both filed Apr. 14, 2016; instituted Oct. 13, 2016; FWD Oct. 12, 2017 (per Docket Alarm / Patexia / PTAB docket).
  • Claims challenged: 1–34 (i.e. the entire claim set).
  • Panel: White (opinion author), Blankenship, Galligan.
  • Appeals to the Federal Circuit: Nos. 18-1889, 18-1898, 19-1779.
  • Later PTAB filings: IPR2017-01900 and IPR2017-01901.

Petitioner's asserted references (per the patent owner's preliminary response exhibit list):

Reference Citation Date Description §102 relevance
Belden (Ex. 1002) US 2007/0159328 A1, Belden, "Programmable alarm module and security system for protecting merchandise" (Alpha Security Products, Inc.) published 2007-07-12; filed 2006-12-14 Programmable alarm module + key + programming station with security code Primary reference; the petition mapped the SDC-in-key/SDC-in-module matching and programming-station claims to this single reference — the strongest §102(a)/(e) candidate aimed at independent claim 1 and its dependent claims
Denison (Ex. 1003) US 2004/0201449 A1, Denison et al. published 2004-10-14 Electronic access control device with programmed authorization Secondary; used for the programmed-key/authorization-memory limitations
Rothbaum (Ex. 1005) US 5,543,782 A, Rothbaum et al. 1996-08-06 Electronic key/lock authorization (general) Secondary background reference

Note the mirror-image problem: Belden US 2007/0159328 is itself an InVue/Alpha Security Products family publication with the same 2005-12-23 priority chain. MTI used it as prior art; InVue's response (Direen declarations, Ex. 2001 and Ex. 2014) argued, among other things, against its status as prior art and against the merits.


4. Mapping to specific claims

Critical limitation on this section: I was unable to retrieve the verbatim claim set of US 9,135,800 from the sources available in this session (the Google Patents fetch returned the description but not the claims/table data; the maximum-search-step limit was reached before I could pull the claim text). The following mapping is therefore claim-category level, not verbatim-claim level, and should be re-verified against the printed claims before being relied on.

From the abstract and specification, the '800 claim set falls into these categories, with candidate anticipating art:

  1. Independent system claim (programming station generating a security code → programmable key memory → security device memory → operation on matching codes): potentially anticipated only by Belden US 2007/0159328 (Ex. 1002) on the Petitioner's theory. All InVue sibling patents are disqualified (same priority/common ownership).
  2. Independent method claim (attach security device → program key with code → program code into device → disarm on match → invalidate code after a preset period): Belden US 2007/0159328 is the only cited reference with a timer/invalidation theory; Denison US 2004/0201449 is the candidate for the reprogramming/authorization steps.
  3. Claims reciting a timer that invalidates the key after a predetermined period (96 h / 6–12 h) and claims reciting an activation counter: no face-page reference is a clean single-reference anticipatory hit — these were argued as §103 combinations.
  4. Claims reciting inductive power transfer / electrical-contact power transfer from the key to a passive lock: Partovi US 2009/0096413 and Tilley US 2008/0224655 are the cited candidates, but both are directed to charging portable devices, not to powering a passive merchandise lock — any anticipation theory here would require reading them far beyond their disclosure.
  5. Claims reciting a sense loop / alarm on cable compromise: Belden US 7,629,895 / 7,385,522 ("Portable alarming security device") are the on-point cited references.
  6. Claims reciting an operational lifetime (EOL) timer / near-end-of-life signal in the security device: no face-page reference squarely anticipates; argued as obviousness only.

Bottom line on anticipation: On the record I can verify, only Belden US 2007/0159328 A1 is a genuine single-reference §102 candidate for the broad independent claims, and that candidacy is contested (same-priority/common-ownership attack by the patent owner). The remaining cited references are individually insufficient under §102 and were deployed under §103. None of the InVue sibling patents (7,737,843 / 7,737,844 / 7,737,845 / 7,737,846 / 7,969,305 / 8,884,762 / 8,890,691 / 8,896,447) can anticipate the '800 patent under §102.


5. Status verification and open items

  • US 9,135,800 B2 is listed as Active, with anticipated expiration 2026-12-14 (20 years from the 2006-12-14 filing of 11/639,102).
  • The PTAB's FWD of 2017-10-12 was followed by Federal Circuit appeals (18-1889, 18-1898, 19-1779) and an October 2019 CAFC mandate back to the Board. I could not verify, from the sources retrieved, the final claim-by-claim survival outcome — the docket summaries returned did not expose which of claims 1–34 were held unpatentable at final decision. Do not state an outcome on that point from this analysis alone.

6. What I could not confirm (stated explicitly rather than guessed)

  1. The complete face-of-patent citation list for US 9,135,800 (foreign patent documents and the balance of the U.S. list) — the FreePatentsOnline block was truncated.
  2. The verbatim claim text of US 9,135,800, and therefore an exact claim-by-claim §102 chart.
  3. The final disposition of each challenged claim in IPR2016-00895/-00896 and in IPR2017-01900/-01901.
  4. The contents of IPR2017-01900/-01901 (petitioner and grounds) — these surfaced only as docket entries.

To close items 1–4 authoritatively, pull the documents directly from USPTO Patent Center (application 14/529,516) and from the PTAB End-to-End docket for IPR2016-00895, IPR2016-00896, IPR2017-01900 and IPR2017-01901.

Generated 9/30/2026, 4:21:20 AM

Obviousness

Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.

✓ Generated

I'll pull the prior-art citations and litigation/IPR record for US 9,135,800 before analyzing.

Obviousness Analysis — U.S. Patent No. 9,135,800 B2

"Programmable security system and method for protecting merchandise"
InVue Security Products Inc. · App. 14/529,516 filed Oct. 31, 2014 · granted Sep. 15, 2015 · earliest claimed priority Dec. 23, 2005 (via 11/639,102)


0. Sources, and what I could and could not verify

From the page you supplied (authoritative): the "Prior art keywords" are only programmable / security / key / security device / programming station; the page also gives the priority chain (2005‑12‑23 → 11/639,102 filed 2006‑12‑14 → 14/529,516), the family members (US 7,737,843; 7,737,844; 7,737,845; 7,737,846 referenced in the specification as incorporated by reference), and the litigation/PTAB record (IPR2016‑00895, IPR2016‑00896, IPR2017‑01900, IPR2017‑01901; D. Or. 3:17‑cv‑01356; N.D. Cal. 3:17‑cv‑00075; W.D.N.C. 3:16‑cv‑00734; Fed. Cir. 18‑1236/1304/1889/1898/1779).

Important gap: the fetched page does not contain the front‑page "References Cited" list. I therefore supplemented with (a) the References Cited list indexed on FreePatentsOnline for application 14/529,516 (e.g., Denison US 7,482,907; Belden US 7,629,895; Davis US 7,698,916; Partovi US 2009/0096413 A1; Larson US 2008/0252415 A1; Tilley US 2008/0224655 A1), (b) the search report on the EP sibling EP 3,018,641 A1 (Shafer US 5,942,978; Israel WO 90/09648; Medeco WO 99/23332; Sun US 2003/0120922 A1), and (c) the PTAB record. Anything drawn from (a)–(c) is flagged below; anything I could not verify is stated as such.

Record that decides the question. The '800 patent was the subject of IPR2016‑00895 and IPR2016‑00896 (Mobile Tech, Inc. v. InVue Security Products Inc.). The combined Final Written Decision (Oct. 12, 2017) held claims 1–30, 32–34, 36–38, 40–45 and 47–49 unpatentable as obvious over Rothbaum in view of Denison; only claim 31 was not proven. The Federal Circuit affirmed (judgment of Mar. 8, 2019, Nos. 2018‑1889, 2018‑1898). So the § 103 question here is largely res judicata at the agency level, not academic.


1. The claims at issue

Claim text was not in the fetched page; the following is reconstructed from the Board's opinion (which quotes/characterizes claim 1 and dependent claims 15, 18, 20, 24, 26) and from the sibling claim language reported on Justia for claims 39–49 of the same patent:

Claim Substance (reconstructed)
1 (indep.) Programming station with logic control circuit that generates and stores a single security code, unique to the programming station; programmable key that receives/stores it; security device with alarm and memory for the code, attachable to merchandise, alarm activated when the integrity of the security device is compromised; key arms/disarms the device upon matching of the codes
15 security device has a port receiving the key
18, 20 key has a timer; key inactivated after a predetermined period / if the code is not reprogrammed or refreshed within that period
24 plurality of keys and security devices all sharing the single code
31 (text not verified) — the only claim the Board declined to invalidate
35, 39, 46 (indep.) Method/system counterparts of claim 1; 46 recites essentially the same elements as claim 1
42–45, 47–49 randomly generating the code; communicating it to each of a plurality of keys; storing it at each of a plurality of devices; code unique to a particular retail store/establishment

The "Prior art keywords" on the page map 1:1 onto claims 1/46 (programmable key + programming station + security device + security/key), i.e., the claimed architecture is a four‑element combination, which is what makes a two‑reference § 103 case viable.

Governing law: pre‑AIA 35 U.S.C. § 103(a) (effective filing date before Mar. 16, 2013 — the Board expressly applied § 103(a)).


2. Threshold issue: the effective filing date (this drives which art qualifies)

The '800 is a 2014 continuation, and its specification contains two distinct bodies of disclosure: the 2005/2006 material (programming station 3 / key 5 / alarm module 7, FIGS. 1–17) and the later material on passive cabinet lock 207, key 205 with electrical contacts, key 305 with inductive transfer, and charging stations (FIGS. 18–28) — which the page itself ties to a separate 2011‑06‑27 priority family (US 11,017,656; US 11,763,664). A straight continuation of 11/639,102 could not contain that later matter.

Consequences:

  • 2005/2006 priority holds → Belden US 2007/0159328 A1 (the pre‑grant publication of the parent 11/639,102, asserted by MTI as Ex. 1002 in the parallel IPRs) is not prior art — it is the parent's own publication, and the sibling patents US 7,737,843/844/845/846 are only § 102(e) art, disqualified under pre‑AIA § 103(c) by common ownership.
  • Only 2011 priority for the lock/inductive‑transfer subject matter → the critical date moves to 2011‑06‑27, and references published before mid‑2010 become available, including US 2007/0159328 A1 (§ 102(b) printed publication — not curable by common ownership), US 2008/0066507 A1 (Knox), US 2008/024655 A1 (Tilley), US 2009/0096413 A1 (Partovi), US 2008/0252415 A1 (Larson).

Key point: the ground that actually succeeded is priority‑agnostic — Rothbaum (1996) and Denison (published Oct. 14, 2004) both predate even Dec. 23, 2005. That is why the Board did not have to resolve the priority fight.


3. Level of ordinary skill

Consistent with the record, a POSA here is a person with a bachelor's degree in electrical or mechanical engineering (or equivalent) and roughly 2–5 years' experience in retail theft‑deterrent alarm systems, electronic article surveillance, or electronic locks/keys, or equivalent work experience. The art is a mature, incremental engineering field — retail alarm modules tethered by sense‑loop cables and electronic keys with stored codes were both well developed by 2005. Caveat: I did not see the parties' stipulated POSA definition in the materials retrieved; the above is my reconstruction.


4. Ground 1 (the adjudicated ground): Rothbaum + Denison

Rothbaum, US 5,543,782 (Ex. 1005). Security system for merchandise in a retail setting with a cable/sense loop, an alarm, and arming/disarming by a key‑actuated switch; expressly warns "Only authorized personnel should have access to key 40 to prevent the circumvention of the security system." Same field, same problem (key‑based arming/disarming of a merchandise alarm).

Denison, US 2004/0201449 A1 (Ex. 1003; issued as US 7,482,907). Programmable electronic keys and electronic locks in which a key code is transferred by a secured communication method and the lock unlocks only if the code matches; a learning mode in which the lock receives and stores the key code in non‑volatile memory; a supervisor's external computing device with a cradle for receiving the key to program it; infrared communication "preferred because it is directional and short range," with encryption key changes and shielded transceivers; operation limits (time of day, date, number of days, number of accesses) enforced against a real‑time clock IC and an access counter, with the key refusing to transmit and terminating operation when a limit is exceeded.

Mapping to claim 1:

Claim 1 element Rothbaum Denison Combination
programming station generating/storing a code, unique thereto key‑switch/authorized‑person control of the system external computing device ("home base") programs keys; key codes define the system's access strategy Supervisor PC programs keys — station stores the code
programmable key storing the code key 40 actuates the system electronic key with microcomputer + non‑volatile memory storing key code electronic key replaces mechanical key 40
security device, alarm, attached to merchandise, alarms on integrity compromise cable/sense‑loop alarm on merchandise electronic lock with coded access Rothbaum's alarm module retained
arm/disarm on matching of codes arming/disarming with a key unlock only if received key code matches stored code Matching‑code arm/disarm

Motivation to combine (as found and as I would articulate it):

  1. Same field, same problem. Both address preventing unauthorized access to/removal of merchandise or stored goods via a keyed security device; Rothbaum itself identifies the vulnerability — an accessible mechanical key.
  2. The express problem solved by the patent is solved by the combination. Replacing Rothbaum's mechanical key with Denison's programmable electronic key directly addresses key copying/theft and unauthorized disarming (Rothbaum's stated circumvention concern).
  3. Predictable, mechanical substitution. "Security devices for decades have been armed and disarmed upon a matching of a code"; electronic locks operate with their corresponding key because both hold the same code. Result is a predictable use of Denison's known capability in Rothbaum's known system (KSR; MPEP 2143(A) "known technique," (C) "obvious to try with predictable result," (F) "design incentive").
  4. Specific sub‑motivations for dependent limitations, each adopted by the Board:
    • Claim 15 (port in the security device): use the same key interface (cradle/port) in the station and the device — consistent with Denison's own preference for directional, short‑range IR, which prevents eavesdropping and accidental disarming.
    • Claims 18/20 (timer; inactivation if not refreshed): Denison's limit registers already disable the key after a "number of days," using a real‑time clock — the same function the claim recites. (The Board read the conditional "if not reprogrammed or refreshed within a predetermined period" as satisfied by a key that simply times out; a condition never met is not met "within" the period.)
    • Claim 26 (key programs the code into the device): Denison's learning mode, in which the lock receives the key code from the key, plus non‑volatile storage ("permanently storing" the code at the device).
    • Claims 24, 43, 44 (plurality of keys/devices sharing one code): routine scaling; Denison's key‑code architecture and Rothbaum's multi‑device retail deployment both contemplate many keys and many protected articles.
    • Claim 1's "unique to the programming station": a POSA implementing a per‑site system with a single supervising programming device would understand the station's stored code to be its own; nothing in Rothbaum or Denison teaches sharing one code across stations.

Teaching away — rejected. InVue argued Denison's tamper concerns deterred adding an externally accessible port. The Board disagreed: Rothbaum's protected merchandise is deliberately user‑accessible from the outside, so the tamper rationale that motivated Denison's shielded transceiver does not apply, and Denison itself teaches that IR's directionality/short range is preferred — i.e., the reference points toward, not away from, the modification (In re Keller: the test is what the combined teachings suggest, not bodily incorporation).

Expectation of success: high — both references are complete, working systems in the same technical space; the only change is substituting a known electronic key/lock code‑matching scheme for a known mechanical key, using known IR or contact interfaces.

Objective indicia: the Board noted the Patent Owner presented no evidence of objective indicia of non‑obviousness. No nexus evidence (commercial success, industry praise, unexpected results, copying) is in the record I reviewed.


5. Ground 2: further/alternative combinations

Ground References Why a POSA would combine Confidence / caveat
B (priority‑dependent) Belden US 2007/0159328 A1 alone or as primary, with Denison as secondary If any claim's critical date is 2011‑06‑27 (not 2005‑12‑23), the '328 publication (Jul. 12, 2007) is a § 102(b) printed publication that discloses the entire programming‑station/key/alarm‑module/SDC/time‑out architecture in haec verba. This is exactly how MTI deployed it in the parallel IPRs (Ex. 1002). Verified that MTI asserted it; qualification turns entirely on the priority determination, which I could not resolve from the page
C Rothbaum + Denison + Ott US 6,380,855 Secondary reference MTI relied on across the parallel IPRs; electronic lock/key systems permitting re‑programming of keys/limits supply any residual "reprogram/refresh" or multi‑key limitation Medium — I verified only that Ott appears in MTI's exhibit set (Ex. 1006); I have not verified its precise disclosure
D Rothbaum + Denison + Larson US 2008/0252415 A1 (restricted‑range lockbox) and/or Kirkan US 2009/0085717 A1 (energy‑efficient electronic access control) For the "unique to a particular retail establishment/store" and power‑budget dependent claims; both are same‑field electronic access‑control improvements Only available if the critical date is 2011; publications from 2008–2009
E Denison + Partovi US 2009/0096413 A1 (inductive charging of portable devices) and/or Tilley US 2008/0224655 A1 ("mechanically featureless inductive charging") A POSA seeking to hermetically seal a key against moisture/tampering and eliminate exposed contacts would predictably substitute inductive coupling for the key 205 contacts; both are cited on the face of the '800 Available only for subject matter with 2011 priority; also note inductive transfer was a recognized alternative (the spec itself lists electromagnetic/magnetic/electrostatic induction)
F Rothbaum + Denison + Shafer US 5,942,978, Medeco WO 99/23332, Israel WO 90/09648, Sun US 2003/0120922 A1 These appear in the EPO search report on the sibling EP 3,018,641 A1 as X/Y art and show electronic key/lock systems with stored codes, audit/time limits, and single‑key master systems are old; usable to reinforce motivation and to show the claimed data‑communication variants (IR, RF, contacts, induction) are design choices Prior art dates are within range; the EPO categorization was as search‑report citations, not as an adopted rejection

Also worth stating explicitly: the residual claim limitations that look like "extra" features are individually conventional — LED status indicators, non‑volatile SDC storage, mechanical key‑actuated switch to enable the programming station, RF vs. IR vs. conductive contacts, light pipes/filters for IR — each is either disclosed by Denison/Rothbaum or an admitted design choice, so they cannot by themselves rescue claims 1/35/39/46 (they fall with the independent claims).


6. Bottom line

  1. Rothbaum (US 5,543,782) in view of Denison (US 2004/0201449 A1 / US 7,482,907) renders claims 1–30, 32–34, 36–38, 40–45 and 47–49 of US 9,135,800 obvious under pre‑AIA § 103(a) — and that is not merely my view: the PTAB so held in IPR2016‑00895/‑00896, and the Federal Circuit affirmed in 2018‑1889/2018‑1898. The motivation is supplied by (i) the references being in the same field addressing the same key‑theft problem Rothbaum identifies, (ii) Denison's teaching that electronic keys and locks operate on matched stored codes and are programmed from a supervisory station, (iii) Denison's timing/limit and learning‑mode teachings mapping directly onto the timer and "key‑programs‑the‑device" claims, and (iv) predictable, low‑risk substitution with an express anti‑eavesdropping/anti‑accidental‑disarm rationale for the IR port.
  2. Claim 31 survived the Final Written Decision; I cannot assess it because I could not confirm its text from the page.
  3. If the 2005/2006 priority date is broken (later‑added lock/inductive‑transfer subject matter), the analysis gets easier, not harder: US 2007/0159328 A1 (Belden) becomes § 102(b) art disclosing the claimed architecture verbatim, and 2008–2009 references (Partovi, Tilley, Larson, Kirkan, Knox) become available for the power‑transfer and access‑control dependent claims.
  4. Residual non‑obviousness risk is concentrated in (a) the priority/§ 102(b) question for US 2007/0159328 A1, and (b) any objective indicia of non‑obviousness — none of which was presented or proven in the record I reviewed.

Things I explicitly did not verify and cannot assert: the literal text of claims 1 and 31 of the '800; the exact POSA definition adopted by the parties; whether Ott US 6,380,855 was relied on against the '800 specifically (as opposed to its sibling patents); and the complete face‑of‑patent "References Cited" list on the Google Patents page, which was not present in the fetched content. Note also that the date framing differs between my environment (2026‑09‑30) and your instructions (Apr. 26, 2026); the documents cited above are dated as stated and that discrepancy does not affect the analysis.

Generated 9/30/2026, 4:22:27 AM

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