PTAB renders decision related to dispute between San Francisco-based Square Inc. and Washington University prof Robert Morley Jr.
San Francisco-based Square Inc. and St. Louisan Jim McKelvey, a Square co-founder along with Square co-founder and CEO Jack Dorsey, sued Washington University associate professor Robert Morley Jr. in federal court in St. Louis in 2010, alleging McKelvey’s name was left off a patent for Square, a small plastic device that plugs into a cellphone or iPad and allows merchants to process credit card transactions.
The lawsuit alleged McKelvey worked with Morley to develop a prototype for Square. Morley later filed a lawsuit in federal court claiming that he was unfairly cut out of the Square enterprise after developing key software.
The litigation was stayed, or put on hold, while the United States Patent and Trademark Office’s Patent Trial and Appeal Board evaluated Square’s request that the board review the patentability of 17 claims of the patent, referred to as the “’946 patent” in court documents.
So, McKelvey's name was allegedly cut off from a patent, and Morley was cut out from the company. In the patent before PTAB, five claims survived challenge.