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Court Dismisses Patent Infringement Claims by Blue Spike

In 2012 and 2013, Blue Spike LLC, a non-practicing entity, filed suit against the United States (MorphoTrust's customer) for allegedly infringing on its biometric technology patents used to recognize fingerprint, iris and facial characteristics. Blue Spike – whose technology was developed in 2000 – failed to recognize that MorphoTrust USA is a pioneer in biometric detection, with several of its legacy companies having been in business since the early 1990s, many years before Blue Spike filed its patent applications. These legacy companies include Iridian Technologies, Inc. formed in 1993, and IriScan, Inc., its predecessor which was formed in 1990. MorphoTrust's IriScan SDK was available for sale prior to September of 1999, more than one year before the effective filing dates of the asserted patents. Similarly, MorphoTrust's Cambier patent was filed on September 14, 1999 and issued in March of 2003. Both patents have their roots in technology developed by IriScan, including U.S. Patent No. 5,291,560 which was issued to Daugman on March 1, 1994.

In April of 2015, the four patent infringement lawsuits filed by Blue Spike, LLC were dismissed with prejudice, affirming MorphoTrust's pioneering leadership in the field of biometric (fingerprint, face and iris) and secure credentialing technologies. Blue Spike voluntarily dismissed its lawsuits and no money or any other consideration was paid to the company. The dismissal came after MorphoTrust filed a Motion for Summary Judgment seeking to invalidate claims asserted from Blue Spike's patents in the Court of Federal Claims, and a Motion for Recovery of Costs and Attorneys' Fees for related discovery against Blue Spike in the same Court. MorphoTrust was represented by Morgan, Lewis & Bockius LLP.

MorphoTrust's goal was to stop future frivolous infringement claims by entities that have no real business model other than to sue successful companies, hoping for a quick pay day. MorphoTrust patents not only pre-dated those asserted by Blue Spike, but they are in totally unrelated fields. The complete dismissal sends a strong message to those who bring patent infringement suits that they should at least conduct a minimum amount of investigation before overloading the judicial system with unfounded and costly filings.

MorphoTrust and Safran's other security business subsidiaries have significant patent portfolios in these fields of technology and have been developing and delivering biometric and secure credentialing solutions to domestic U.S. and international government and commercial customers for over four decades.

To date, Morpho has:

  • 629 patent families and over 2,284 active deeds
  • 73 patent applications were filed in 2014