DOJ told it cannot challenge ePassport patent

The US Department of Justice has failed in a bid to challenge a patent relating to ePassports.A year ago, the Patent Trial and Appeal Board agreed to review a Malaysian company's electronic passport patent.However, it ended the proceeding last week because that the U.S. Department of Justice wasn't able to challenge the patent because of the inter partes review time-bar.Under the America Invents Act, a petitioner must file a request for review within one year of being sued for infringement.Iris Corp. sued Japan Airlines Corp. in 2006 for infringement of the e-passport patent.In 2014, Iris Corp Bhd was told that it could sue the US government for Japan Airlines Corp's (JAL) use of its electronic passport patent.The Federal Circuit in October 2014 ruled that Iris should sue the federal government, not Japan Airlines International, over claims that the airline had flouted the '506 patent, as the airline's screening of US passengers' passports was done for the government's benefit.A three panel judge affirmed that there was an infringement of the US Patent 6,111,506 owned by Iris.The ruling upheld a decision by U.S. District Judge Carol Bagley Amon in September 2009 that dismissed the suit because Japan Airlines used the patented technology to examine passports at its terminal in JFK International Airport and other domestic locations to comply with the Enhanced Border Security Act and Visa Entry Reform Act of 2002.However, earlier this year, the DOJ sought an America Invents Act review of an electronic passport technology patent, alleging it was invalid because prior art makes it obvious.

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