MShift announced today that it would appeal the decision of a judge that defendants Digital Insight Corporation ("DI," a division of Intuit) and Mobile Money Ventures, LLC ("MMV") do not infringe MShift's U.S. Patent No. 6,950,881 ("the '881 patent").
In an order that was released late Friday, October 8, 2010, U.S. District Court Judge William Alsup of the Northern District of California granted defendants' motion for summary judgment of non-infringement. The judge's order found that a mobile banking service provided by DI and MMV does not include certain elements of MShift's patented technology.
"MShift presented a large amount of evidence that the mobile banking product of DI and MMV infringes MShift's '881 patent," said Scott Moeller, MShift's CEO. "For whatever reason, the judge did not credit MShift's substantial evidence of infringement. We strongly believe the judge's analysis included several significant errors in how he evaluated the highly technical issues relating to the '881 patent and the accused technology. We will vigorously pursue an appeal in the Federal Circuit, and we are confident our patent rights will be vindicated."
MShift expects to file its notice of appeal within the next two weeks. After that, a three judge panel of the U.S. Court of Appeals for the Federal Circuit will review the district judge's decision.