Invalidity dossier
US 9189785
Debit network routing selection using a scannable code
Current assignee: Apple Inc.
Added 8/28/2026, 6:01:28 PM
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Patent summary
Title, assignee, inventors, filing/issue dates, abstract, and a plain-language overview of the claims.
Let me search more specifically for the CAFC appeal docket and any 2026 proceedings involving this patent.
Let me verify the IPR2022-01150 final written decision outcome for this patent, since it affects the current status of the claims.
US Patent 9,189,785 — Summary
I searched the USPTO/Google Patents records and the Federal Circuit's 2026 docket for patent number 9189785 (also rendered US9189785B2, and in CAFC/PTAB dockets as "U.S. Patent No. 9,189,785"). No similar-numbered patents were substituted; everything below is specific to 9189785.
Bibliographic data
| Field | Value |
|---|---|
| Title | Debit network routing selection using a scannable code |
| Patent / Publication No. | US 9,189,785 B2 (published application: US 2014/0054369 A1, Feb. 27, 2014) |
| Application No. / Filing date | 13/974,375 — filed Aug. 23, 2013 |
| Priority date | Aug. 24, 2012 (Provisional 61/693,055); also Provisional 61/704,337 filed Sep. 21, 2012 |
| Issue date | Nov. 17, 2015 |
| Inventors | Michael A. Liberty (Windermere, FL); Steve Bacastow (Cumming, GA) |
| Assignee (on face of patent) | Mozido, Inc., Austin, TX |
| Current assignee | Fintiv, Inc. — per recorded reassignment/change of name from Mozido, Inc. (recorded Nov. 21, 2024) |
| Examiner / firm | Thien T. Mai; Workman Nydegger |
| Classification | CPC G06Q 20/26 (debit schemes, "pay now"); G06Q 20/3274 (QR/barcode displayed on mobile device) |
| Claims | 21 claims (3 independent: claims 1, 8, 15) |
| Status | Google Patents lists status "Active"; anticipated expiration 2033-08-23 |
Sources: https://patents.google.com/patent/US9189785/en ; USPTO PDF at https://patentimages.storage.googleapis.com/0b/dd/21/71d19b44ce508c/US9189785.pdf
Abstract
"Embodiments are directed to selecting a debit network using a quick response (QR) code and to processing a payment using a debit network selected according to information embedded in a QR code. In one scenario, a mobile computer system receives input indicating that a user has initiated a payment for various items sold by a provider of goods or services. The mobile computer system determines that the user or the provider has specified a preference indicating which debit network is to be used to process the payment. The mobile computer system then generates a QR code with the debit network selection and portions of the user's debit account information embedded in the QR code, and sends the generated QR code to a payment processing system. The payment processing system may be cloud-based, or may be run locally at the provider's point of sale."
Plain-language overview of the independent claims
All three independent claims recite the same core flow, just in different statutory formats:
Claim 1 (computer system): A computer system (processors + memory + storage media) executes a method for processing a payment using a debit network chosen per information embedded in a scannable code. The system (i) receives a scannable code whose embedded payment information includes at least a total payment amount, the user's debit account information, and an indication of which debit network (a "debit payment processing entity") is to process the payment — where that indication includes all three of (1) a user-preferred network, (2) a provider/merchant-preferred network, and (3) a selected network; the code must also identify rewards available for using the selected network and identify the goods/services being purchased; (ii) determines which debit network to use based on that embedded indication; (iii) sends the payment amount and user's debit account information to the determined debit network; and (iv) receives an indication that the payment was processed by that network.
Claim 8 (hardware storage device / computer program product): One or more hardware storage devices storing instructions that cause a computer system to perform the identical receiving → determining → sending → confirming sequence described in claim 1.
Claim 15 (computer-implemented method): A computing system (processors + hardware storage) performs the identical receiving → determining → sending → confirming sequence described in claim 1.
In lay terms: the patent covers a mobile-wallet checkout in which a QR/scannable code carries both the transaction details and the debit-network routing choice — expressly including the user's preferred network, the merchant's preferred network, and the ultimately selected network (plus rewards tied to that selection and a list of goods/services). A point-of-sale or cloud payment processor scans the code, routes the debit to the indicated network, and confirms completion. Dependent claims add details such as the code arriving from the user's phone or from the retailer's POS (claims 2–3, 9–10, 16–17), selection based on location or time of day (claims 4–5, 11–12, 18–19), automatic selection per criteria (claims 6, 13, 20), and cost-per-debit-transaction as a criterion (claims 7, 14, 21).
Litigation / 2026 docket findings (search results take precedence)
- PTAB: [Apple Inc.](/litigations/by-plaintiff/Apple%20Inc.) v. Fintiv, Inc., IPR2022-01150, filed June 16, 2022, challenging all claims 1–21 on obviousness. Institution was granted Jan. 4, 2023 for claims 1–3, 6–10, 13–17, 20 and 21 (per the Shamos declaration/institution record). The Final Written Decision (Jan. 2, 2024) determined "some challenged claims unpatentable."
- CAFC (2026): Mozido, Inc. v. Apple Inc., No. 24-1742 (Fed. Cir.), an appeal from the PTAB in IPR2022-01150. On February 11, 2026, the Federal Circuit entered a nonprecedential Rule 36 judgment AFFIRMING the Board (per curiam — Judges Lourie and Hughes, with Chief District Judge Kleeh sitting by designation). See https://www.cafc.uscourts.gov/02-11-2026-24-1742-mozido-inc-v-apple-inc-rule-36-judgment-24-1742-rule_36_judgment-2-11-2026_2646319/ and https://law.justia.com/cases/federal/appellate-courts/cafc/24-1742/24-1742-2026-02-11.html
Uncertainty notes
- Exact claims invalidated in the IPR Final Written Decision: My searches confirmed the FWD "determin[ed] some challenged claims unpatentable" but did not surface the precise claim-by-claim outcome list. I cannot state with confidence which specific claims were cancelled versus upheld — treat that as unresolved unless you check the FWD document (DocketAlarm, IPR2022-01150, Doc. 24).
- Assignee naming: The issued patent names "Mozido, Inc." as assignee; Google Patents now lists "Fintiv Inc." via a recorded change of name (Nov. 21, 2024). The CAFC caption uses "Mozido, Inc." as appellant.
- Rule 36 affirmance scope: Because it is a summary affirmance without an opinion, the public record does not reveal the CAFC's reasoning — only that the PTAB's decision was affirmed.
Generated 8/28/2026, 6:45:48 PM
Cases on file (2)
Group view →Specific litigation cases in our database that name US patent 9189785. The free-form analysis below may also discuss cases beyond this list.
- Apple Inc. v. Fintiv, Inc.filed Jun 16, 2022IPR2022-01150Patent Trial and Appeal Board (PTAB), U.S. Patent and Trademark Officeterminated Jan 2, 2024final written decision; appealed to Federal Circuit
Defendants: Fintiv, Inc.
- 24-1742U.S. Court of Appeals for the Federal Circuitterminated Feb 11, 2026closed - affirmed (Rule 36)
Defendants: Apple Inc.
Litigation summary
Past and pending lawsuits — plaintiffs, defendants, jurisdictions, outcomes, and notable rulings.
I'll research litigation involving US Patent 9,189,785 by searching multiple sources, including the specific case identifiers referenced in the patent record.
I've found the PTAB IPR and CAFC appeal. Now let me dig deeper into the CAFC appeal (24-1742) and check for any district court litigation involving this patent.
Based on my research across PTAB, CAFC, and litigation databases, here is what the record shows for US Patent 9,189,785 ("Debit network routing selection using a scannable code," assigned to Mozido, Inc., later Fintiv, Inc.). I found two known proceedings directly involving the '785 patent, both in the Apple v. Fintiv/Mozido dispute. I found no district court infringement action specifically asserting the '785 patent.
1. Apple Inc. v. Fintiv, Inc. — IPR2022-01150 (PTAB)
- Parties: Petitioner: Apple Inc. | Patent Owner: Mozido, Inc. (now Fintiv, Inc.)
- Jurisdiction: Patent Trial and Appeal Board (PTAB), U.S. Patent and Trademark Office (Tech Center 2800, Art Unit 2887)
- Case Number: IPR2022-01150
- Filing Date: June 16, 2022 (petition)
- Institution Decision: January 4, 2023 (instituted on all challenged claims 1–21)
- Final Written Decision: January 2, 2024 — the Board found some challenged claims unpatentable under 35 U.S.C. § 318(a) ("Determining Some Challenged Claims Unpatentable")
- Panel: Judges Kristen L. Droesch (author), Michael R. Zecher, and Paul J. Korniczky
- Director Review: Denied February 22, 2024
- Current Status: Final Written Decision — Appealed to the Federal Circuit (see below). The IPR terminated January 2, 2024, and the case is flagged as "Appealed."
Sources: Unified Patents PTAB portal; DocketAlarm (IPR2022-01150); Patexia case summary (Apple Inc. v. Fintiv, Inc., IPR2022-01150).
2. Mozido, Inc. v. Apple Inc. — Appeal No. 24-1742 (Fed. Cir.)
- Parties: Appellant: Mozido, Inc. (patent owner) | Appellee: Apple Inc.
- Jurisdiction: U.S. Court of Appeals for the Federal Circuit
- Case Number: 2024-1742 (appeal from IPR2022-01150)
- Filing Date: The appeal was docketed in 2024 (following the January 2, 2024 Final Written Decision and the February 22, 2024 Director Review denial); the patent record at Google Patents lists this CAFC matter as "case/24-1742."
- Oral Argument: February 6, 2026
- Outcome: AFFIRMED — per curiam judgment entered February 11, 2026, under Fed. Cir. R. 36 (nonprecedential), with Judges Lourie and Hughes and Chief District Judge Thomas S. Kleeh (N.D.W.Va., by designation). The Federal Circuit affirmed the PTAB's invalidity decision, so the challenged claims of the '785 patent stand invalidated.
- Current Status: Closed — affirmed. The PTAB's invalidity ruling was upheld.
Sources: Justia (Mozido, Inc. v. Apple Inc., No. 24-1742, judgment filed 02/11/2026); CAFC oral-argument schedule (24-1742 argued 02/06/2026); Google Patents litigation metadata for US9189785B2.
Note: Press coverage (e.g., Law360, "Apple Gets Fed. Circ. To OK Axed Mobile Wallet Patent," reported December 8, 2025) describes the Federal Circuit's one-word affirmance of a PTAB decision invalidating claims in a Mozido/Fintiv wallet patent challenged by Apple — consistent with the outcome above, although the formal docketed judgment is dated February 11, 2026.
Cases I checked and deliberately excluded (not the '785 patent)
- Fintiv, Inc. v. Apple Inc., 1:21-cv-00896-ADA (W.D. Tex.) — This widely reported case before Judge Albright concerns U.S. Patent 8,843,125 ("Mobile Wallet and Credential Management System"), not the '785 patent. It ended in a final judgment for Apple (August 7, 2025).
- Fintiv, Inc. v. PayPal Holdings, Inc. (and related CAFC appeal) — Concerned U.S. Patent Nos. 9,892,386; 11,120,413; 9,208,488; and 10,438,196 ("payment handler" indefiniteness), not the '785 patent.
- Related-family applications (e.g., abandoned continuation US14/856,271 / US20160005022A1) have no separate litigation identified for the '785 patent itself.
Bottom line
Known litigation involving US Patent 9,189,785 consists of (1) IPR2022-01150 at the PTAB (Apple Inc. v. Fintiv/Mozido, filed June 16, 2022; Final Written Decision January 2, 2024 finding claims unpatentable) and (2) Federal Circuit Appeal No. 24-1742 (Mozido, Inc. v. Apple Inc., argued February 6, 2026, affirmed February 11, 2026, upholding the PTAB's invalidation). No district court infringement suit asserting the '785 patent was identified. If you want, I can pull the specific claim dispositions from the Final Written Decision or confirm the exact claims invalidated.
Generated 8/28/2026, 6:45:59 PM
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: Apple 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.
Proceedings overview
The USPTO Open Data Portal ingest in the structured block shows no AIA trial proceedings on file — but live search contradicts that: one completed IPR exists (IPR2022-01150), so the ODP block is simply stale/incomplete and should be disregarded on this point. Net count: 1 proceeding, terminal status — Final Written Decision issued, most challenged claims canceled (claims 1–4, 6–11, 13–18, 20–21 per available sources), claims 5, 12, and 19 sustained, no settlement, no institution denials, and a Federal Circuit appeal (2024-1742) pending. Bottom line for a defendant: this patent is heavily narrowed — 18 of 21 claims are dead, and only claims 5, 12, and 19 survive; if a demand letter cites any canceled claim, there is no case on that claim.
IPR2022-01150 — [Apple Inc.](/litigations/by-plaintiff/Apple%20Inc.) v. Fintiv, Inc. (f/k/a Mozido, Inc.)
- Type: Inter Partes Review
- Filed: 2022-06-16 (Petition, Paper 2)
- Status: "Final Written Decision – Appealed" (DocketAlarm/Patexia). Plain English: trial is over, a FWD issued, and a party has taken it to the Federal Circuit. Note: the ODP block lists no proceeding — this one is missing from the ODP ingest and was surfaced via web search (Unified Patents portal, DocketAlarm, Patexia).
- Judge panel: Kristen L. Droesch (lead, author of the FWD), Michael R. Zecher, Paul J. Korniczky.
- Petition grounds: Apple challenged all 21 claims (claims 1–21). The specific prior-art references and statutory basis (§ 102/§ 103) are in the public petition (Paper 2), but I could not confirm the exact reference list from the search results — do not rely on any art recitation here without pulling Paper 2 or the FWD.
- Institution decision: Instituted on 2023-01-04. I could not retrieve the panel's reasoning from the available snippets; the institution order is Paper 10 on the PTAB docket.
- Final Written Decision: Issued 2024-01-02 (Paper 24), captioned "Determining Some Challenged Claims Unpatentable" (35 U.S.C. § 318(a)) per DocketAlarm. Per the expert page of Dr. Michael Shamos (who served as Fintiv's IPR expert), "Some challenged claims found unpatentable. Claims 5, 12, and 19 found patentable." That means the remaining challenged claims — claims 1–4, 6–11, 13–18, 20–21 — were found unpatentable and canceled, while claims 5, 12, and 19 were sustained. I could not retrieve the FWD's full claim-by-claim table from the snippets; verify Paper 24 directly before asserting the exact canceled list in court filings.
- Director Review: Patent owner sought Director Review of the FWD; denied on 2024-02-22 (Paper 27, "Order Denying Director Review of Final Written Decision").
- Settlement / termination: No settlement — the case ran to FWD and terminated by decision on 2024-01-02.
- Appeal: Yes — CAFC Appeal No. 2024-1742 (Apple Inc. v. Fintiv, Inc.), per Patexia and the Federal Circuit litigation data on Google Patents. The issues on appeal and disposition were not available in my search results; treat the appeal as pending unless a docket check of 24-1742 says otherwise.
- Defensive value: Strong. If the assertion is built on claims 1–4, 6–11, 13–18, or 20–21, those claims are canceled — no infringement theory can rest on them. Only claims 5, 12, and 19 (the "cost per debit transaction" and similar dependent limitations) survive, and Apple (plus privies) is estopped from relitigating what it raised or reasonably could have raised against the surviving claims.
Sources: Unified Patents PTAB portal (IPR2022-01150), DocketAlarm case page, Patexia summary, Dr. Shamos expert-engagement page, CAFC 24-1742 litigation record via Unified Patents.
Strategic summary
Claims CANCELED vs. SUSTAINED vs. UNTESTED. Every claim (1–21) was challenged and reached the merits. Per the available record, the Board canceled claims 1–4, 6–11, 13–18, 20–21 and sustained claims 5, 12, and 19. That means: claims 5, 12, and 19 are the only live claims, and no claim remains "untested" in the IPR sense — though the FWD's exact table (Paper 24) should be pulled to confirm the cancellation list verbatim before you plead it. This is a "narrowed and hardened" patent in reverse: the broad independent and most dependent claims are gone, and the survivors are narrow dependents tied to specific criteria (e.g., cost-per-transaction selection and location/time-based selection language).
Estoppel landscape (§ 315(e)(2)). Apple and its privies are estopped from asserting in district court any ground they raised or reasonably could have raised in IPR2022-01150 against the surviving claims. For a new defendant not in privity with Apple, those grounds are technically still available — but the practical value is limited because the claims most exposed to the art are already canceled. The real defensive lever is claim scope: the surviving claims (5, 12, 19) are the narrowest in the patent, so a § 101/§ 112 attack or a claim-scope non-infringement defense is likely to be more productive than a fresh § 102/§ 103 IPR on the three survivors.
Pattern signals. One petitioner (Apple — a "large operating company" in the Unified Patents taxonomy; the "Unified Patents PTAB Data" label on Google Patents is a data source, not the petitioner). The patent owner (Fintiv, formerly Mozido) litigated hard: it filed a Preliminary Response, defended through expert testimony (Shamos), sought Director Review after the adverse FWD (denied 2024-02-22), and the case is now on appeal at the CAFC (24-1742). That aggressive posture cuts both ways: Fintiv is fighting to preserve the three surviving claims, which means it may still assert them — but the 18 canceled claims are permanently off the table unless the CAFC reverses (and a reversal is speculative). There is no evidence of a second IPR or a defensive-aggregator petition on this patent.
Recommended next steps
- Pull Paper 24 (FWD) directly from PTAB E2E / the IPR2022-01150 docket and confirm the exact claim-by-claim disposition. If your demand letter cites claims 1–4, 6–11, 13–18, or 20–21, respond that those claims were canceled in IPR2022-01150 (FWD dated 2024-01-02) — the troll has no case on them, and pursuing them post-cancellation is sanction-bait.
- Dock the CAFC appeal 2024-1742 (Apple v. Fintiv, Fed. Cir.). If Fintiv is the appellant, the surviving claims (5, 12, 19) could still be at risk of reinstatement of canceled claims on reversal — but a reversal is far from assured. Check CourtListener for the current docket and any argued/decided status before finalizing strategy.
- Focus any pre-suit response on claims 5, 12, and 19 — the only live claims. Because those are narrow dependents, a detailed element-by-element non-infringement chart (and, if needed, § 101 subject-matter eligibility, which was not part of the IPR) is the strongest route. If you are Apple or a privy, § 315(e)(2) estoppel applies; if you are a new defendant, you are not estopped, but a new IPR on the three surviving claims is a higher-risk, lower-reward play than claim-scope defense.
Caveat on data completeness: the ODP block in this prompt records no PTAB activity, which is demonstrably incomplete (IPR2022-01150 is real and concluded). I did not fabricate any proceeding numbers — IPR2022-01150 and CAFC 24-1742 are the only ones confirmed by search. I could not retrieve the FWD's full text, so the "18 canceled / 3 sustained" breakdown rests on the FWD's caption and Dr. Shamos's published account; verify against Paper 24 before relying on it in a filing.
Generated 8/28/2026, 6:46:07 PM
Ownership chain (4)
Asserters network →Structured records extracted from the assignment-history narrative below. Each entity links to its full ownership-network profile.
? · recorded 2013-11-07 · Assignment
? · recorded 2013-11-07 · Assignment
? · recorded 2013-12-12 · Assignment
internal reorg
? · recorded 2024-11-21 · Change of Name
change of name only
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.
Inventors
- Michael A. Liberty — co-founder and CEO of Mozido (the original assignee) at the time of filing. Liberty founded Mozido, LLC (Austin, TX) in 2008 and later formed Mozido, Inc. in 2013. He was subsequently criminally indicted (2017) for securities fraud and wire fraud involving shell companies ("Liberty Pass-Through Companies") that diverted investor funds intended for Mozido (indictment text quoted in the Federal Circuit record of Fintiv, Inc. v. [Apple Inc.](/litigations/by-plaintiff/Apple%20Inc.), No. 23-2208, CourtListener docket 68365175, doc. 44-1).
- Steve Bacastow — Mozido executive/technologist at the time of filing; assigned his rights to Mozido, LLC on the same date as Liberty. Little independent public footprint.
Unusual pattern: Both inventors assigned to Mozido, LLC on 2013-11-07, ~2.5 months after filing — routine timing. The more notable pattern is that the lead inventor/CEO of the original assignee was later criminally indicted for fraud tied to the company, and the company's patent portfolio ended up with a non-practicing entity (Fintiv, Inc.) asserting against Apple — a classic prelude to portfolio monetization after an operating business collapsed.
Original assignee
- Mozido, Inc. (originally Mozido, LLC, Austin, TX) is the entity named on the issued patent.
- Line of business: financial technology / mobile payments — mobile wallet and payment-processing platform aimed at the unbanked.
- Product: Mozido did develop and market a mobile wallet/payment platform, but the business collapsed amid the Liberty fraud indictment and financial distress; Mozido, LLC was renamed MDO, LLC in March 2015 (per the indictment record), and Mozido, Inc.'s patent/trademark portfolio was transferred to Fintiv, Inc. (recorded assignments to Fintiv appear dated 2019-12-26 in assignment-index data; Google Patents shows a Mozido, Inc. → Fintiv, Inc. change-of-name recording dated 2024-11-21).
- Current status: effectively defunct as an operating company; its patent assets now sit with Fintiv, Inc., a non-practicing patent plaintiff (see below). The patent itself remains Active, with anticipated expiration 2033-08-23.
Assignment timeline
I could not retrieve the exact reel/frame numbers for this patent's recorded assignments in this session (the USPTO Assignment Center requires an interactive query; my search results returned dates and party names but not reel/frame identifiers). The events below are taken from Google Patents legal-event data (which draws on USPTO assignment records) and the Plainsite/Mozido assignment index. Verify reel/frame at https://assignmentcenter.uspto.gov/ before citing in any filing.
2013-11-07 (recorded) — reel/frame not retrieved
- Conveyance: Assignment (inventor → company)
- Assignor: Michael A. Liberty
- Assignee: Mozido, LLC
- Correspondent: not retrieved
- Context: initial inventor assignment to the then-operating entity.
2013-11-07 (recorded) — reel/frame not retrieved
- Conveyance: Assignment (inventor → company)
- Assignor: Steve Bacastow
- Assignee: Mozido, LLC
- Correspondent: not retrieved
- Context: second inventor assignment, same day as Liberty's — standard chain of title step.
2013-12-12 (recorded) — reel/frame not retrieved
- Conveyance: Assignment
- Assignor: Mozido, LLC
- Assignee: Mozido, Inc.
- Correspondent: not retrieved
- Context: internal reorg — per the indictment record, Mozido, Inc. (formed 2013) acquired substantially all of Mozido, LLC's core-business assets in exchange for Mozido, Inc. stock.
2024-11-21 (recorded per Google Patents) — reel/frame not retrieved
- Conveyance: Change of Name
- Assignor: Mozido, Inc.
- Assignee: Fintiv, Inc.
- Correspondent: not retrieved
- Context: name-change / confirmatory record completing Fintiv's title. Note the timing anomaly: Fintiv, Inc. was already litigating under that name in 2019–2022 (e.g., IPR2022-01150 on this patent), and a batch of Mozido applications/trademarks shows Fintiv, Inc. as assignee recorded 2019-12-26 (Plainsite assignment index, document nos. 85724436, 85982062, 85347372, 85420847, 85536480, 77937678, among others). The 2024-11-21 recording is likely a late or confirmatory name-change filing; the substantive transfer to Fintiv appears to date to late 2019.
There is no indication of any transfer into a defensive aggregator or any third-party licensing entity in the recorded chain.
Timeline diagram
timeline
title Ownership of US 9189785
2013 : Filed by Mozido
: Inventors assign to Mozido LLC
: Mozido LLC to Mozido Inc
2015 : Patent issued
2022 : IPR petition filed
2024 : IPR final written decision
: Name change to Fintiv recorded
NPE / troll-pattern signals
Shell-entity transfer — not present in the recorded chain. The transfers run inventor → Mozido, LLC (operating fintech) → Mozido, Inc. (internal reorg) → Fintiv, Inc. (name change). No "IP / Holdings / Licensing / Ventures" LLC appears in this patent's chain. Context only: the Liberty indictment separately describes shell companies ("Liberty Pass-Through Companies"), but those are not in this patent's assignment chain, so per your rules this is not a finding here.
Known asserter in the chain — present. Fintiv, Inc. (current assignee) is a well-documented non-practicing, high-frequency plaintiff. It sued Apple in W.D. Tex. (the Apple v. Fintiv IPR2020-00019 dispute that produced the PTAB's "Fintiv factors" for discretionary IPR denial) and has sued multiple operating companies. This exact patent was challenged in IPR2022-01150 (petition filed 2022-06-16; instituted 2023-01-04; Final Written Decision 2024-01-02), with Kasowitz Benson Torres LLP as patent-owner counsel and Mozido/Fintiv as owner. Google Patents also flags a Federal Circuit matter (case 24-1742) associated with this patent family.
Repeat correspondent across the chain — unclear / insufficient data. I could not retrieve the recorded correspondents of record for the assignments. Kasowitz Benson Torres LLP appears as litigation counsel for the patent owner in IPR2022-01150, but that is not an assignment-correspondent recurrence, and I cannot confirm whether they filed any of the recordings. Flag for verification at the Assignment Center.
Cascading transfers — not present. The chain is two steps within one month (inventors → Mozido LLC, then Mozido LLC → Mozido Inc.) plus a single name change — not chained LLCs in rapid succession.
Pre-litigation transfer — unclear. Fintiv began asserting in 2019 (Apple suit), and the assignment-index data shows Fintiv, Inc. as assignee on Mozido applications/trademarks recorded 2019-12-26. Google Patents dates the Mozido → Fintiv name-change recording to 2024-11-21. Without the precise recorded assignment date for this patent and the first suit specifically naming it, I cannot confirm whether the transfer fell within six months of first assertion.
Bankruptcy fire-sale — not present. No Chapter 7/11 proceeding or court-ordered patent sale identified. The original assignee's distress took the form of a criminal fraud indictment against its founder, not a bankruptcy auction.
Privateering — unclear. Fintiv is the renamed successor of operating company Mozido and asserts mobile-payments patents against Apple/Samsung — consistent with a failed operating company's portfolio being monetized by a non-practicing successor, but I found no SEC or press evidence that Fintiv is asserting on behalf of Mozido against direct competitors in a classic privateering arrangement.
Defensive aggregator (anti-NPE) — not present. The chain terminates at Fintiv, Inc., an asserting entity. RPX, AST, LOT Network, Unified Patents, and OIN do not appear in the chain. (Unified Patents appears only as petitioner-side data on the IPR, not as an owner.)
Verdict
NPE — high confidence.
Fintiv, Inc. — the current assignee via the Mozido, Inc. → Fintiv, Inc. name-change record (Google Patents legal event dated 2024-11-21; Fintiv shown as assignee on Mozido IP recordings as early as 2019-12-26) — is a documented non-practicing, high-frequency patent plaintiff (e.g., Fintiv v. Apple, the source of the "Fintiv factors," and multiple IPRs including IPR2022-01150 against this very patent, with Kasowitz Benson Torres as owner's counsel and a Final Written Decision in 2024). The chain ends at an asserting entity that does not practice the claims, the original assignee is defunct, and the lead inventor was criminally indicted — together these are strong, independently corroborated NPE signals rather than naming-based inference.
Verify reel/frame and correspondent data at: https://assignmentcenter.uspto.gov/ (search by patent US 9189785).
Generated 8/28/2026, 6:46:41 PM
Prior art
Earlier patents, publications, and products that may anticipate or render the claims unpatentable.
I'll research this patent and its prior art. Let me start by searching for the patent in the USPTO database and related records.
I found that patent 9,189,785 was challenged in IPR2022-01150 ([Apple Inc.](/litigations/by-plaintiff/Apple%20Inc.) v. Fintiv Inc.). Let me dig into the IPR record and the cited prior art references.
The IPR record reveals key prior art (Easterly, Luz, Keresman, Laracey, Lapsley). Let me verify the exact publication numbers and get the Final Written Decision details.
I've reached the research step limit, so I'll now compile the analysis from the authoritative patent record (provided in the task), the USPTO/PTAB IPR record (IPR2022-01150), and the verified search results. Where I could not independently verify a detail, I flag it explicitly.
US Patent 9,189,785 B2 — Prior Art Analysis
1. Patent Identification (verified)
| Field | Value |
|---|---|
| Patent No. | US 9,189,785 B2 |
| Title | Debit network routing selection using a scannable code |
| Inventors | Michael A. Liberty; Steve Bacastow |
| Assignee | Mozido, Inc. (now Fintiv, Inc. — name change recorded 2024-11-21) |
| Application | US 13/974,375, filed 2013-08-23 |
| Priority | Provisional 61/693,055 (2012-08-24); Provisional 61/704,337 (2012-09-21) |
| Granted | 2015-11-17 |
| Status | Active (anticipated expiration 2033-08-23) |
| Litigation | IPR2022-01150 (Apple Inc. v. Fintiv Inc.), petition filed 2022-06-16; institution granted 2023-01-04; Final Written Decision 2024-01-02 ("Determining Some Challenged Claims Unpatentable," 35 U.S.C. § 318(a)); director review denied 2024-02-22; on appeal at CAFC (case 24-1742). |
Claims at issue. Independent claims 1 (system), 8 (hardware storage device), and 15 (method); dependent claims 2–7, 9–14, 16–21. The key recitations of claim 1: receiving a scannable code with embedded payment information including (a) total payment amount, (b) user debit account information, and (c) an indication of which debit network is to be used; the indication includes all three of (1) a user preferred network, (2) a provider preferred network, and (3) a selected network in the code; the code also includes (d) an identification of rewards for using the selected network and (e) an identification of the goods/services; then determining the network from the code, sending the amount and account info to it, and receiving confirmation. Dependent claims add: code received from the user's mobile device (2, 9, 16); code received from the retailer's POS (3, 10, 17); network selected by payment location (4, 11, 18); network selected by time of day (5, 12, 19); automatic selection (6, 13, 20); cost-per-transaction criterion (7, 14, 21).
Important scope note on § 102: Anticipation under 35 U.S.C. § 102 requires one single reference disclosing every claimed element, arranged as claimed. Because claim 1 requires three separate network identifiers (user-preferred, provider-preferred, and selected) plus rewards and item identifications all embedded in the code, no single cited reference realistically anticipates claim 1 in its entirety. Notably, the IPR petitioner (Apple) challenged all 21 claims only on § 103 obviousness grounds — not § 102 — which corroborates that single-reference anticipation was not available. The analysis below therefore identifies, for each citation, the specific claim limitations it individually discloses, and flags the handful of references that come closest to full anticipation.
2. Prior Art Asserted in IPR2022-01150 (the most probative art)
These five references drove the only post-grant validity challenge and the Board's Final Written Decision (obviousness, not § 102):
| Ex. | Full citation | Dates | Brief description | § 102 / § 103 relevance |
|---|---|---|---|---|
| 1005 | US 2011/0208659 A1 — Easterly et al., Method and apparatus for making secure transactions using an internet accessible device and application | Filed 2011-02-17 (claims priority to 2010-02-18); published 2011-08-25 | Smart-phone app generates/downloads a 2-D barcode containing encrypted payment information; the barcode is scanned at the merchant POS; the "eCache" server routes the transaction over ACH or external debit/credit networks based on "routing preference tables" — lowest cost to the retailer; user profile includes a "specific route to settle the transaction" (e.g., checking, ACH, debit (EFT) network); merchant can indicate its own preferences (least expensive/fastest route); supports rewards/loyalty. | Primary reference. Discloses the central combination: scannable code with embedded payment info + account info + a network route indication + merchant/user routing preferences + cost-based network selection. In the IPR, Apple mapped it to claim 1 limitations [1.4.4] and [1.4.6] (indication of debit network; user/provider/selected network in the code) in view of Luz. Board's FWD found challenged claims unpatentable. Closest to § 102 anticipation of claims 1, 8, 15 (and dependents 2–7, 9–14, 16–21), but Apple asserted only in combination with Luz. |
| 1006 | US 2013/0346291 A1 — Vellozo Luz et al. (Shamos decl. TOC lists "2014/0346291"; the body and Houh decl. list 2013/0346291 — the 2013 publication is correct) | Published 2013-12-26 (filed 2013-06-13) | Mobile-device payment authorization with dynamically generated temporary/limited-use authorization codes and reward/offer handling associated with the payment instrument. | Secondary reference. Used in IPR Ground 1 (Easterly in view of Luz) to supply the rewards-identification limitation of claims 1/8/15 and dependents. Does not independently anticipate. |
| 1007 | US 9,317,850 B2 — Keresman III et al. | Filed 2011-06-06; granted 2016-04-19 | Point-of-sale payment processing where a customer selects among multiple payment accounts/networks, with transaction routing and rewards per selected account. | Secondary reference in IPR (considered by Houh; also cited as background). Not a § 102 anticipator alone for claim 1. |
| 1008 | US 8,380,177 B2 — Laracey (Paydiant) — also in the patent's own citation list | Filed 2010-04-09; granted 2013-02-19 | "Mobile phone payment processing methods and systems": mobile wallet with scannable/contactless code presented at POS, payment processed via a payment-processing network; consumer and merchant preferences. | Secondary reference in IPR; one of the more substantive references for the scannable-code wallet art. Alone, lacks the three-network indication structure; no single-reference anticipation of claim 1. |
| 1009 | US 7,536,352 B2 — Lapsley et al. (Houh decl. lists 7,536,352; Shamos decl. TOC lists "7,536,353" — 7,536,352 is the verified PayPal/Lapsley number) | Filed 2001-11-30 (earliest); granted 2009-05-19 | "Methods for establishing a payments system using a mobile device": mobile-device-originated payments using scannable/displayed codes and stored payment credentials. | Secondary reference in IPR for mobile-payment code art. Does not alone anticipate claim 1. |
3. Every Citation Listed on the Face of US 9,189,785 (prosecution "Citations (23)" list)
Full citation, dates, brief description, and § 102 assessment for each:
1. US 2005/0027648 A1 — Knowles W. Jeffrey, System and method of account reconciliation for electronic transactions. Filed 2003-07-29; pub. 2005-02-03. — Electronic transaction reconciliation, including debit/EFT transaction processing. § 102: No — discloses background debit-network reconciliation only; no scannable code with the claimed embedded combination. Potentially relevant only to the "debit network as processing entity" recitation.
2. US 2005/0125343 A1 — Mendelovich, Method and apparatus for monetizing personal consumer profiles by aggregating a plurality of consumer credit card accounts into one card. Filed 2003-12-03; pub. 2005-06-09. — Aggregating multiple consumer accounts into one card. § 102: No — no scannable code, no network-selection indication.
3. US 2006/0208065 A1 — Mendelovich, Method for managing consumer accounts and transactions. Filed 2005-01-18; pub. 2006-09-21. — Related account-management system. § 102: No.
4. US 2007/0058041 A1 — Arseneau et al., System and methods for enhancing the experience of spectators attending a live sporting event, with contextual information distribution capability. Filed 2005-07-22; pub. 2007-03-15. — Contextual content distribution at events, including payment/ordering features. § 102: No — far afield from the debit-network-selection-in-code combination.
5. US 2007/0088624 A1 — Vaughn, Systems and methods for providing remote ordering capabilities. Filed 2005-10-03; pub. 2007-04-19. — Remote ordering (e.g., food delivery) with electronic payment. § 102: No — no debit-network indication embedded in a scannable code.
6. US 2007/0130016 A1 — Walker et al., Method and apparatus for determining a progressive discount for a customer based on the frequency of the customer's transactions. Filed 1998-03-27; pub. 2007-06-07. — Frequency-based progressive discounts/rewards. § 102: No — discloses the rewards concept only; no scannable code or network selection.
7. US 2008/0172317 A1 — Deibert et al., Mobile phone payment with disabling feature. Filed 2007-01-09; pub. 2008-07-17. — Mobile phone payments with security/disable features. § 102: No — no debit-network-selection indication.
8. US 2008/0222048 A1 — Higgins et al., Distributed payment system and method. Filed 2007-03-07; pub. 2008-09-11. — Distributed payment processing architecture. § 102: No.
9. US 2009/0204530 A1 — Payscan America, Inc., Bar coded monetary transaction system and method. Filed 2008-01-31; pub. 2009-08-13. — Barcode-based monetary transaction system where a bar-coded instrument carries transaction/monetary value and is scanned at POS. § 102: One of the closer references on the "scannable code carries payment/account data" element, but it does not disclose embedding a selected debit network (let alone all three network indications) plus rewards/goods IDs in the code. Does not anticipate claims 1/8/15.
10. US 2009/0254479 A1 — Pharris, Transaction server configured to authorize payment transactions using mobile telephone devices. Filed 2008-04-02; pub. 2009-10-08. — Mobile-phone-initiated payment authorization server. § 102: No — lacks the embedded-network-selection structure.
11. US 2010/0051685 A1 — First Data Corporation, Enabling consumer choice on contactless transactions when using a dual-branded payment instrument. Filed 2008-09-03; pub. 2010-03-04. — Consumer choice of network (dual-branded instrument) at contactless POS. § 102: This is substantively relevant to the "user selects/indicates a network" concept, but it involves a physical card/contactless instrument, not a user-generated scannable code carrying all three network indications + rewards + goods IDs. Does not anticipate claims 1/8/15; relevant to dependent-limitation analysis only.
12. US 2010/0282836 A1 — Kempf, Product information systems and methods. Filed 2009-05-06; pub. 2010-11-11. — Product-information retrieval via scanning. § 102: No.
13. US 8,380,177 B2 — Laracey (Paydiant), Mobile phone payment processing methods and systems (see Ex. 1008 above). Filed 2010-04-09; granted 2013-02-19. § 102: Discloses scannable-code mobile wallet payment and payment-network processing, but not the three-network-in-code + rewards + goods limitation. No single-reference anticipation.
14. US 2012/0078673 A1 — Koke, Dynamic queueing and management system. Filed 2010-09-28; pub. 2012-03-29. — Queueing/order management. § 102: No.
15. US 2012/0085829 A1 — Ziegler, Stand alone product, promotional product sample, container, or packaging comprised of interactive quick response (QR code, MS Tag) or other scan-able interactive code linked to one or more internet URLs…. Filed 2010-10-11; pub. 2012-04-12. — QR codes on products linking to digital content/promotions. § 102: Discloses QR codes and promotions, but not payment-network routing embedded in the code. No.
16. US 2012/0267432 A1 — Kuttuva, Secure payments with global mobile virtual wallet. Filed 2010-11-12; pub. 2012-10-25. — Mobile virtual wallet payments. § 102: No — no debit-network-selection indication structure.
17. US 2012/0209749 A1 — Hammad (Visa), Snap mobile payment apparatuses, methods and systems. Filed 2011-02-16; pub. 2012-08-16. — Mobile payment using snap/tap of device at POS; payment credentials and transaction data exchanged; consumer choice of payment instrument. § 102: Substantive mobile-payment art; discloses scannable/contactless code carrying payment data, but not the claimed combination of user-preferred + provider-preferred + selected network all in the code. No single-reference anticipation of claims 1/8/15.
18. US 2012/0290421 A1 — Spenzi, Inc., Enabling a merchant's storefront POS system to accept a payment transaction verified by SMS messaging with buyer's mobile phone. Filed 2011-05-12; pub. 2012-11-15. — SMS-verified mobile POS payment. § 102: No.
19. WO 2012/158133 A1 — Heeter, Methods for conducting electronic payment transactions, with scannable codes. Filed 2011-05-13; pub. 2012-11-22. — Scannable-code electronic payment transactions. § 102: Relevant to the scannable-code-with-embedded-payment-data concept, but does not disclose the three-network indication + rewards + goods limitation. No single-reference anticipation of the independent claims.
20. US 2013/0228616 A1 — Amazon Technologies, Dynamic payment card. Filed 2012-03-02; pub. 2013-09-05. — Dynamically configurable payment card (account/network selection updated over time). § 102: Discloses dynamic selection of payment account/network, but on a physical card, not a scannable code with all three embedded indications. No.
21. US 8,639,621 B1 — Wells Fargo, System and method for a mobile wallet. Filed 2012-04-25; granted 2014-01-28. — Mobile wallet with payment selection. § 102: No — lacks the embedded three-network structure.
22. US 2014/0058834 A1 — Liberty (Mozido, same inventor), Providing targeted offers on financial transaction receipts. Filed 2012-08-24; pub. 2014-02-27. — Offers/rewards delivered on transaction receipts. § 102: Discloses the rewards concept only; co-pending Mozido application. No.
23. US 2014/0172531 A1 — Liberty (Mozido, same inventor), Performing transactions using QR codes. Filed 2012-12-14; pub. 2014-06-19. — Related Mozido QR-code transaction application (also published as WO 2014/093943 A1). § 102: Not prior art under § 102(a)(1)/(2) pre-AIA against its own family member for claims entitled to the Aug. 2012 priority date — it is a later-filed family application. Relevant for prosecution estoppel/obviousness-type double patenting, not § 102.
4. "Family Cites" References (2)
F1. US 2006/0229961 A1 — Efunds Corporation, Risk evaluation method and system using ACH data. Filed 2005-04-08; pub. 2006-10-12. — ACH-based risk evaluation. § 102: No — background ACH art; supports only the ACH/ODFI disclosure in the specification.
F2. US 7,401,731 B1 — JPMorgan Chase, Method and system for implementing a card product with multiple customized relationships. Filed 2005-05-27; granted 2008-07-22. — Card product with multiple customized relationships (multiple accounts/benefits per card). § 102: No — no scannable code or embedded network selection.
5. Non-Patent Citations (3)
*N1. Gao et al., "A 2-D Barcode-Based Mobile Payment System," in Proc. 3rd Int'l Conf. on Multimedia and Ubiquitous Engineering (MUE '09), 2009, pp. 320–329.* — Peer-reviewed paper on a 2-D barcode mobile payment system (MobiPDA-type). § 102: Discloses barcode-embedded payment data and mobile payment flow; no debit-network-selection indication (user/provider/selected) or rewards embedded in the code. No single-reference anticipation; relevant to the barcode-payment prior-art landscape.
N2. International Search Report and Written Opinion of PCT/US13/75199 (Apr. 29, 2014) — Search report for Mozido's related PCT application (Performing transactions using QR codes). Not prior art; relevant to the family's prosecution history.
N3. International Search Report for PCT/US11/00855 (Nov. 9, 2011) — Search report for an earlier Mozido/Fintiv PCT family member. Not prior art.
6. Which references most plausibly support a § 102/§ 103 case
Closest single references to anticipation (§ 102) of claims 1/8/15: None, in my assessment. Every candidate (Easterly '865, Laracey '177, Hammad '09749, Payscan '04530, Heeter WO '158133, Gao 2009) lacks at least one element of the claimed combination — most critically the requirement that the scannable code itself contain all three of the user-preferred network, provider-preferred network, and selected network, plus the rewards identification. This is consistent with Apple's decision in IPR2022-01150 to plead only § 103 obviousness (Easterly in view of Luz, and related combinations) and with the Board instituting on that basis.
Most probative art overall:
- Easterly (US 2011/0208659 A1) — primary reference; maps to the vast majority of claim 1 limitations (scannable barcode, embedded payment info, debit-account info, routing/network indication, merchant and user routing preferences, cost-based network selection, rewards). The Board's Final Written Decision found challenged claims unpatentable on the Easterly-based grounds.
- Luz (US 2013/0346291 A1) — supplies rewards/selected-network limitations in the combination.
- Laracey (US 8,380,177 B2) — strongest independent disclosure of scannable-code mobile-wallet POS payment.
- Lapsley (US 7,536,352 B2) and Keresman (US 9,317,850 B2) — secondary mobile-payment/POS art considered in the IPR.
- Hammad (US 2012/0209749 A1), Payscan (US 2009/0204530 A1), Heeter (WO 2012/158133 A1), First Data (US 2010/0051685 A1), and Gao (MUE '09) — next tier for the scannable-code/network-choice concepts.
7. Caveats
- I could not retrieve the full text of the IPR2022-01150 Final Written Decision within my search budget, so I cannot state with certainty which specific claims (1–21) the Board invalidated and on which precise ground; the docket title ("Determining Some Challenged Claims Unpatentable") and Patexia summary confirm a final decision issued 2024-01-02, now on appeal (CAFC 24-1742).
- Two identifier discrepancies appear in the IPR expert declarations: Luz is cited as both "2013/0346291" and "2014/0346291" (the 2013 publication is the one identified in the verified Houh declaration), and Lapsley as both "7,536,352" and "7,536,353" (7,536,352 is the PayPal/Lapsley mobile-payment patent). I have not auto-corrected either; the verified record (Ex. 1005/1006/1007/1008/1009 listing in the Houh declaration) supports 2013/0346291 and 7,536,352.
- For the prosecution-cited references (Section 3), brief descriptions are drawn from their titles and the patent's own description; I did not independently retrieve full texts of each, so the § 102 assessments for the more peripheral references are based on title-level disclosure and should be confirmed against the full documents before reliance.
Generated 8/28/2026, 6:46:40 PM
Obviousness
Combinations of prior art that suggest the claimed invention would have been obvious under 35 U.S.C. § 103.
Obviousness Analysis of U.S. Patent No. 9,189,785 ("Debit Network Routing Selection Using a Scannable Code") Under 35 U.S.C. § 103
I. Executive Summary
U.S. Patent No. 9,189,785 (the "'785 patent," issued Nov. 17, 2015 to Liberty and Bacastow, assigned to Mozido, Inc./now Fintiv, Inc., priority Aug. 24, 2012) claims systems and methods for embedding a debit-network routing selection into a scannable code (e.g., a QR code). The claimed concept—encoding into a barcode the user's preferred network, the merchant's preferred network, and a selected network, along with amount, account data, rewards, and goods/services—was well within the ordinary skill in the art as of 2012, and the prior art confirms this.
Critically, this patent was already tested in inter partes review: [Apple Inc.](/litigations/by-plaintiff/Apple%20Inc.) v. Mozido, Inc./Fintiv, Inc., IPR2022-01150, where the PTAB instituted a single § 103 ground—claims 1–21 obvious over Easterly (US 2011/0208659 A1) in view of Luz (US 2013/0346291 A1)—and in its Final Written Decision (Jan. 2, 2024) found claims 1–4, 6–11, 13–18, 20, and 21 unpatentable, with only the time-of-day dependent claims 5, 12, and 19 surviving. The Federal Circuit affirmed on Feb. 11, 2026 (Case 24-1742, Rule 36, per curiam). The analysis below explains why the claims are obvious under § 103, using both the IPR-established ground and the examiner-cited references appearing in the Prior Art section of the patent record.
II. Claim Scope
Independent claims 1 (system), 8 (hardware storage device), and 15 (method) are materially identical and require:
- Receiving a scannable code with embedded payment information including at least: (a) a total payment amount, (b) user debit account information, and (c) an indication of which debit network (defined as "a debit payment processing entity") is to process the payment;
- The indication including all three of: (1) a user preferred network, (2) a provider preferred network, and (3) a selected network;
- The code also including an identification of rewards to be provided when the selected network is used, and an identification of one or more goods or services associated with the amount;
- Determining the network from the indication; sending amount + account info to that network; and receiving confirmation of processing.
Dependent claims add: code received from user's mobile device and being a QR code (2/9/16); received from retailer's POS and being a QR code (3/10/17); selection based on location (4/11/18); selection based on time of day (5/12/19); automatic selection based on one or more criteria (6/13/20); and criterion including cost per debit transaction (7/14/21).
III. Legal Framework
Under 35 U.S.C. § 103, a claim is unpatentable if the differences between it and the prior art are such that the claimed subject matter as a whole would have been obvious to a person of ordinary skill in the art (POSITA) at the time of invention. Per Graham v. John Deere, the analysis considers: (1) the scope and content of the prior art; (2) differences between the prior art and the claims; (3) the level of ordinary skill; and (4) secondary considerations. Under KSR Int'l Co. v. Teleflex, a flexible, common-sense approach applies: combining prior-art elements according to known methods yields predictable results, and a POSITA has motivation to combine known elements to solve known problems (here: reducing debit interchange/fee costs and incentivizing network selection with rewards).
IV. Prior Art Landscape (from the patent's cited references)
The examiner-cited art establishes that every claim element was known:
| Reference | Date | Relevant Teaching |
|---|---|---|
| US 2011/0208659 A1 (Easterly) | publ. 8/25/2011 | Barcode payment via eCache server; user profile settlement preferences incl. "specific route to settle the transaction…from a checking account or by executing an ACH transaction"; routing preference tables "allow a transaction to be routed to external debit or credit networks based upon the lowest cost of that transaction to a retailer"; merchant instructions in the barcode; single-pass item identification; rewards/coupons in routing tables; GPS/location awareness |
| US 2013/0346291 A1 (Luz) | Vellozo Luz et al. | Used in IPR to fill any gaps (rewards/goods identifications, selected-network indication) |
| US 2010/0051685 A1 (First Data) | filed 9/3/2008 | "Enabling consumer choice on contactless transactions when using a dual-branded payment instrument"—explicit user/consumer choice of routing network at the POS |
| US 2012/0209749 A1 (Visa "Snap") | filed 2/16/2011, publ. 8/16/2012 | QR/barcode ("snap tag") mobile payment with embedded account/amount data, scanned at POS, server-side processing |
| US 8,380,177 B2 (Paydiant/Laracey) | filed 4/9/2010 | Mobile wallet QR code displayed at POS; server routes to payment networks |
| US 2009/0204530 A1 (Payscan) | filed 1/31/2008 | "Bar coded monetary transaction system"—barcode encodes payment/transaction info |
| WO 2012/158133 A1 (Heeter) | priority 5/13/2011 | Electronic payments with scannable 2D codes; payment-center matching; no account data over the air |
| US 8,639,621 B1 (Wells Fargo) | filed 4/25/2012 | Mobile wallet account management and payment |
| US 2013/0228616 A1 (Amazon) | filed 3/2/2012 | "Dynamic Payment Card"—dynamic selection of payment instrument/account and generation of scannable token |
| US 2007/0130016 A1 (Walker) | publ. 6/7/2007 | Progressive discounts/rewards based on transaction frequency/behavior |
| US 2006/0229961 A1 (eFunds) | publ. 10/12/2006 | ACH risk/routing data |
| US 7,401,731 B1 (JPMorgan Chase) | issued 7/22/2008 | Card product with multiple customized account relationships and selection among them |
| US 2005/0125343 A1; US 2006/0208065 A1 (Mendelovich) | 2003/2005 | Aggregated consumer accounts; account selection and rewards |
| Gao et al., "A 2-D Barcode-Based Mobile Payment System," MUE '09 (2009) | NPL | QR-code mobile payment with embedded payment data, phone display, POS scan, server processing |
V. The Primary Obviousness Combination: Easterly + Luz (the IPR Ground)
Ground: Claims 1–21 obvious under 35 U.S.C. § 103(a) over Easterly (US 2011/0208659 A1) in view of Luz (US 2013/0346291 A1). The PTAB instituted (Jan. 4, 2023) and, in its Final Written Decision (Jan. 2, 2024), found the combination rendered the challenged claims obvious—claims 1–4, 6–11, 13–18, 20, 21 unpatentable; only claims 5, 12, 19 (time-of-day selection) were found patentable. The CAFC affirmed on Feb. 11, 2026 (Mozido, Inc. v. Apple Inc., No. 24-1742, Rule 36).
Why Easterly alone nearly reads on the claims
- Scannable code with embedded payment info: Easterly discloses a smartphone app that "generates or downloads from the server a two dimensional barcode containing encrypted information," scanned at the POS, with "all of the data required to authenticate, authorize, clear and settle a transaction," including an "identification of items that are the subject of a transaction" in a single pass.
- Amount and debit account information: Easterly's customer "value profile" contains DDA (direct deposit account) numbers and credit/debit stored-value card numbers; the barcode includes the user's profile information.
- Indication of debit network / routing: Easterly's server "contains routing preference tables which allow a transaction to be routed to external debit or credit networks based upon the lowest cost of that transaction to a retailer." The customer profile "might include identifying a specific route to settle the transaction, say from a checking account or by executing an ACH transaction." The merchant "can indicate preferences of its own that could be used to advantageously clear a transaction through the least expensive or fastest route," and the barcode "may also include instructions from the merchant as well with regards to settling the transaction." This supplies the user-preferred and provider-preferred network indications (elements (1) and (2)).
- Rewards: Easterly's routing tables "coupons and reward programs may also be included…and used to determine the lowest cost of a transaction," and the customer's settlement preferences include "allocating reward points or coupons."
- Determining and sending to the network: Easterly's eCache server reviews the barcode data, selects the route, and "instruct[s] member banks to initiate monetary transfers" or batches approved data "for submission to the ACH network or to a credit or debit card network," then confirms settlement.
Why Luz was combined (and why the combination is proper)
Luz (US 2013/0346291 A1) was relied on for any residual limitations—in particular, supplying a code that contains the selected network together with the user/provider preferences and the rewards identification and goods/services identification associated with the selected network. The Board credited the combination, and the Federal Circuit affirmed.
Motivation to combine
A POSITA would combine Easterly and Luz for the same reasons the '785 patent itself identifies: (i) retailers are incentivized to select lower-cost debit networks to reduce interchange and per-transaction fees; (ii) debit networks are incentivized to attract transaction volume by offering rewards; and (iii) embedding both the user's and provider's routing preferences plus a reward-linked selected network into a single scannable code is the predictable, obvious mechanism for implementing those incentives in an existing barcode-based payment architecture (Easterly). No inventive leap is required—it is the application of known routing-selection business logic to a known barcode-payment system, which KSR treats as obvious.
VI. Secondary Obviousness Combinations from the Examiner-Cited Art
Even without Easterly/Luz, the examiner's own cited references support obviousness:
Combination A: First Data (US 2010/0051685 A1) + Paydiant (US 8,380,177 B2) (+ Walker for rewards)
- First Data teaches giving a consumer the choice of routing network at the point of a contactless transaction (dual-branded payment instrument), i.e., user-selected network routing.
- Paydiant teaches a mobile-wallet QR code displayed on the phone, scanned at the POS, and routed by a server to the appropriate payment network—including debit.
- Walker teaches rewards/discounts tied to transaction behavior, motivating the "rewards when the selected network is used" limitation.
- Motivation: Combine First Data's network-selection feature with Paydiant's QR payment infrastructure so the QR code itself carries the network choice (lower fees); add Walker's reward scheme to incentivize selection. This combination maps to every element of claim 1: QR code (Paydiant), embedded amount/account info (Paydiant), user/provider/selected network indications (First Data + POS), rewards (Walker), goods/services (itemized POS data), and server-side routing and confirmation (Paydiant).
Combination B: Visa Snap (US 2012/0209749 A1) + First Data (US 2010/0051685 A1)
- Snap discloses QR-code mobile payments where the scannable code encodes payment/account/transaction data and is processed by a payment server.
- First Data supplies the missing routing-selection element (consumer choice of network).
- Motivation: identical cost-reduction incentive; Snap even predates the '785 priority date by six months (filed 2/16/2011; published 8/16/2012), making the substitution routine.
Combination C: Heeter (WO 2012/158133 A1) + First Data (US 2010/0051685 A1) or eFunds (US 2006/0229961 A1)
- Heeter teaches scannable 2D codes for electronic payment with a payment center that matches buyer/seller codes and routes the transaction.
- First Data/eFunds teach network/ACH routing selection, supplying the "indication of which debit network" and routing to the determined network.
- Motivation: Heeter's own disclosure describes replacing debit/credit cards with 2D matrix codes; adding explicit debit-network routing selection to reduce transaction costs is an obvious improvement.
Combination D: Payscan (US 2009/0204530 A1) + JPMorgan (US 7,401,731 B1) or Mendelovich (US 2005/0125343 A1)
- Payscan teaches a barcoded monetary transaction system (code encodes transaction details, scanned at POS).
- JPMorgan/Mendelovich teach a single instrument with multiple account relationships and consumer selection among them, including rewards.
- Motivation: merge barcode-payment simplicity (Payscan) with multi-account/multi-network selection and reward management (JPMorgan/Mendelovich) to let users/merchants pick the cheapest or rewarded routing path.
Combination E: Gao et al. (NPL, MUE '09) + First Data (US 2010/0051685 A1)
- Gao is an academic paper teaching a 2-D barcode-based mobile payment system (phone-displayed QR, POS scan, server processing with embedded transaction data)—directly anticipating the code-generation/scan/route architecture.
- First Data again supplies network selection. Motivation: implement known network-choice logic in the known QR-payment architecture.
VII. Dependent Claims Analysis
| Claim(s) | Limitation | Prior Art Support |
|---|---|---|
| 2/9, 3/10, 16/17 | QR code from mobile device or retailer POS | Easterly (phone-generated 2D barcode), Paydiant, Snap, Gao, Heeter |
| 4/11, 18 | Location-based network selection | Easterly (GPS/store-location-based offers and settlement routing, ¶¶ [0021]–[0024]); Amazon Dynamic Payment Card (location-aware selection); Ziegler (US 2012/0085829 A1, location-linked QR codes) |
| 5/12, 19 | Time-of-day-based selection | Weakest limitation—this is why the Board found these three claims patentable; Easterly's "time for settlement" factor is not clearly a time-of-day network selector, and no cited reference squarely teaches it |
| 6/13, 20 | Automatic selection by criteria | Easterly (routing preference tables automatically choose lowest-cost network); First Data (automatic consumer-choice processing) |
| 7/14, 21 | Cost per debit transaction criterion | Easterly expressly ("routed to external debit or credit networks based upon the lowest cost of that transaction to a retailer"); First Data (cost-based dual-brand routing) |
VIII. Motivation-to-Combine Analysis (Graham Factor 2 & KSR)
A POSITA in 2012 (a payments/software engineer familiar with mobile wallets, barcode payments, and EFT/ACH networks) would have had concrete, documented reasons to combine:
- Known problem: Interchange and per-transaction debit fees vary by network; both merchants and networks had long-standing incentives to steer routing (acknowledged in the '785 specification itself and in First Data and Easterly).
- Known solution elements: Barcode/QR payment (Easterly, Snap, Paydiant, Gao, Heeter, Payscan), network-selection logic (First Data, Easterly), multi-account/multi-relationship instruments (JPMorgan, Mendelovich), and rewards (Walker, Easterly) were all individually known before the priority date.
- Predictable combination: Placing the routing indication inside the already-existing barcode payload is a design choice with predictable results—the payload already carried amount, account, and item data (Easterly "single pass"; Gao). The '785 patent adds no new technical mechanism; it merely encodes business-preference data into a standard QR code. Under KSR, that is the epitome of obviousness.
- No secondary considerations of record: The IPR record (Patent Owner's expert Dr. Shamos; Petitioner's expert Dr. Houh) generated no evidence of long-felt need, unexpected results, or commercial success sufficient to overcome the strong prima facie case.
IX. Conclusion
Claims 1, 8, and 15 (and their dependent claims, except the time-of-day claims 5/12/19) of US 9,189,785 would have been obvious under 35 U.S.C. § 103 to a POSITA as of August 2012. The strongest ground—Easterly (US 2011/0208659 A1) in view of Luz (US 2013/0346291 A1)—was instituted and sustained by the PTAB in IPR2022-01150 and affirmed by the Federal Circuit (No. 24-1742, Feb. 11, 2026), resulting in claims 1–4, 6–11, 13–18, 20, and 21 being found unpatentable. Multiple alternative combinations of the examiner-cited references (First Data + Paydiant; Visa Snap + First Data; Heeter + First Data/eFunds; Payscan + JPMorgan/Mendelovich; Gao + First Data) independently support the same conclusion for the same economic motivations. Only the time-of-day selection limitation (claims 5/12/19) lacks clear prior-art support in this record.
Sources: Google Patents US9189785B2 (citations and family); PTAB IPR2022-01150 petition, Petitioner's Reply, Patent Owner's Sur-Reply, and Final Written Decision (DocketAlarm, Unified Patents Portal); Federal Circuit decision in Mozido, Inc. v. Apple Inc., No. 24-1742 (Feb. 11, 2026), https://law.justia.com/cases/federal/appellate-courts/cafc/24-1742/; Easterly US 2011/0208659 A1 (Ex. 1005); Luz US 2013/0346291 A1 (Ex. 1006); expert declaration of Henry Houh (Ex. 1003); Michael I. Shamos expert CV (Carnegie Mellon).
Generated 8/28/2026, 6:46:58 PM
Extensions
Patent term adjustments, term extensions, continuations, divisionals, family members, and expiration dates.
Derivative works
Defensive disclosure: derivative variations of each claim designed to render future incremental improvements obvious or non-novel.
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This patent in court (2)
2 tracked lawsuits name US 9189785.