OpenSesame E-Learning Patent Validity Ruling Upended on Appeal

Corporate training company Go1 Pty. Ltd. will have another shot at challenging competitor OpenSesame’s patent claims after it convinced a federal appeals court to erase an administrative tribunal’s finding that the patent was valid.

The Patent Trial and Appeal Board wrongly deemed OpenSesame Inc.'s US Patent No. 8,784,113 nonobvious, the US Court of Appeals for the Federal Circuit ruled Thursday. The patent covers an invention relating to how users access content on an e-learning platform.

Specifically, the board incorrectly rejected as “conclusory” the testimony of Go1 expert witness Kevin Almeroth, who tried to explain how a skilled artisan would’ve understood ...