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Lucretuis
The only bit I would add to your excellent summary, would be this bit at the bottom of page 7 "Sycurio’s new position makes no sense, and arose" (down to "among other reasons")
Friday, June 23, 2023
75..MOTION for Reconsideration re Order on Motion for Leave to File, [Motion and Supporting Brief for Reconsideration of the Court's June 22, 2023, Text Order, and in the Alternative, for Leave to File Supplemental Claim Construction Brief] by PCI Pal (U.S.) Inc.. Responses due by 7/7/2023 (Morrow, John)
Claim language, I remembered the word "directly" being used in one of the US papers ( taken a while to find it)
Page 24
1059–60 (Fed. Cir. 2009) (rejecting construction that “improperly narrowed” a claim term and
noting the “claim limitation does not state directly monitoring current. Rather, it simply reads
‘monitoring the current . . . .’”); Amgen Inc. v. Hoechst Marion Roussel, Inc., 314 F.3d 1313, 1326
(Fed. Cir. 2003) (warning against the “danger of improperly importing a limitation . . . not
appearing in the claim”); Evolusion Concepts, Inc. v. HOC Events, Inc., 22 F.4th 1361, 1366 (Fed.
Cir. 2022) (declining to “rea[d] additional limitations . . . not required by [the claim] language”).
Thursday, June 08, 2023
69..Reply Claim Construction Brief by Sycurio, Inc.(Werber, Matthew)
https://www.pacermonitor.com/case/41847299/Semafone_Limited?showRecaptcha=true
Victor,
Yes, I have.
To have received that answer would have required someone clear-headed and expert in the relevant field. Neither of those attributes was present in the witness for Sycurio, in my view.
Lucretuis
Craig Robinson, has been worth every penny, so far.
------------------------------
Have you read this?
GB2473376, exam report.
Van Volkenburg
All of 6, this is the last bit of 6.
Is this the answer that we should have heard?
6.
However, verification entity to identify verification success or failure as in claims 1 and 8. However, verification is well known in the art, and would be obvious in any system which relates to a transaction between two users. The application of such teachings into the above documented would be obvious to a person skilled in the art rendering claims 1 & 8 obvious. The features of the remaining claims are trivial features and/or are well known in the art. Thus this document renders obvious claims 1-14.
https://www.ipo.gov.uk/p-ipsum/Document/ApplicationNumber/GB1020894.0/GV4ZF5OL1GXOLRC/GB2473376-20111121-Exam%20report%20%20Search%20%20exam.pdf
Victor
One of the latest US filings (doc 80) is interesting.
Although PCIP lawyers can’t file it openly, because of confidentiality, a claim construction order from a retired US judge in an arbitration case (involving Sycurio & Eckoh and one of the disputed US patents) looks to be helpful to PCIP. The ruling was recently disclosed to PCIP by Sycurio as part of the discovery process in the US proceedings.
According to PCIP’s US lawyers, the retired judge’s claim construction order is supportive of PCIP’s proposed definition of a “call processor” in Sycurio’s US patents. PCIP’s lawyers request the North Carolina court to “consider” the retired judge’s claim construction order (ie, adopt it).
The background is that PCIP and Sycurio agreed a joint definition of a “call processor” for the US proceedings in March this year that included the phrase “having a first telephone interface, a second telephone interface, and a data interface that are separate from a public telephone network”. A week after “testimony and argument in the UK court case”, Sycurio’s US lawyers told the US court that it had changed its mind and wanted to delete the phrase “that are separate from a public telephone network” from the jointly agreed definition. (PCIP objected to the deletion; and the definition of a “call processor” will be one of the things to be decided at the forthcoming US claim construction hearing.)
According to PCIP, the arbitration judge’s order supports PCIP’s position that the call processor must have integrated first and second telephone interfaces and that an external public service telephone network (PSTN) cannot serve as the first telephone interface of the call processor.
This issue was also relevant for the UK case in which PCIP’s expert argued in relation to alleged infringement of Sycurio’s UK patent: “For [PCIP’s Agent Assist] to be considered to include these telephone interfaces, the overall AWS [Amazon Web Services] infrastructure ……..would need to be considered part of Agent Assist…..I don’t think it is reasonable to interpret Agent Assist in such a broad way. Indeed for this definition to be valid, large parts of the Internet and PSTN would also need to be considered as being part of Agent Assist, even though they are just part of their ordinary functionality”.
And later in his report:” In order to identify a first telephone interface in Agent Assist….it would either need to be the caller’s telephone itself (thus putting every telephone in the world within the scope of Claim 9 [of the UK patent]), or in the PSTN (putting every telephone call in the world within scope).
Quite.
WO2023161353 - SECURE CALL PROCESSING VIA PROXY
Applicant(s) For:
SYCURIO LIMITED
Pannell House Park Street
Guildford Surrey GU1 4HN / GB
Inventor(s) 01 / BALDWIN, Thomas J.
Fleet Hampshire GU52 7UT / GB
02 / BARNETT, Gary E.
/ US
https://register.epo.org/application?number=EP23709125&lng=en&tab=main
31.05.2023 Written opinion of the ISA, supplemental box
https://register.epo.org/application?documentId=LI2CNKF07U6JSK6&number=EP23709125&lng=en&npl=false
EP All documents: WO2023161353
https://register.epo.org/application?number=EP23709125&lng=en&tab=doclist
Thursday, September 14, 2023
81 misc Sealed Document Thu 09/14 11:54 AM
Sealed Document ( Sealed - Attorney ): re:80 MOTION to Seal Document by PCI Pal; (available to PCI Pal (U.S.) Inc., Sycurio, Inc.) (Morrow, John)
80 motion Seal Document Thu 09/14 11:52 AM
MOTION to Seal Document by PCI Pal (U.S.) Inc.. Responses due by 9/28/2023 (Morrow, John)
https://www.pacermonitor.com/case/41847299/Semafone_Limited
New Job posted
We are currently looking for a Service Management Lead to join our Operations Department in the UK.
THE OPPORTUNITY:
PCI Pal has recently created an Operations function to consolidate Operational Engineering and Customer Support
under a single vertical and are now expanding Operations with a newly established Service Management Team. The
Service Management Lead will be the first hire into the team and will work directly with our VP, Operations to
establish a cohesive Service Management framework, bringing together a number of effective but independent
processes to strengthen our overall Service Management position. This is an excellent opportunity for a motivated
self-starter to use their expertise and the full backing of Operations to shape the role and the team.
YOU WILL BE RESPONSIBLE FOR:
• Bringing together effective but independent Change, Release, Incident and Problem Management processes
under the ownership of a single team to improve efficiency and achieve truly holistic Service Management.
• Identifying gaps in our Service Management position across Engineering and Operations and developing plans
to address those gaps inline with industry best practice.
• Assisting with capacity planning alongside Operational Engineering Teams.
• Matrix management of key individuals across Engineering and Operations to achieve Service Management
objectives.
• Spearheading post-incident response to identify opportunities for continuous improvement, creation of
Incident Reports and problem management to ensure report recommendations are implemented in a timely
fashion.
• Service Design for new products, features, systems and functionality.
• Deputising for our VP, Operations as needed.
WE WANT TO HEAR FROM YOU IF YOU:
More here
https://www.pcipal.com/wp-content/uploads/2023/09/Service-Management-Lead-0.1.pdf
-------------------------------------------------
Talkdesk Secure Payments
Processing Payments on a Call
As of late 2023, we are upgrading our PCI payment path to a new, modern infrastructure, bringing minor changes to the way that agents process payments.
If you already migrated to the new method, known as the Reverse PIN method, please follow the steps in the corresponding section below. If you haven’t migrated yet, please refer to the Legacy Method section.
4. Tell the customer to input their information on their phone’s dialer pad.
The encrypted information will be added to the PCI Pal webpage [3]. Once all digits have been added, the next field will be selected automatically.
More here
https://support.talkdesk.com/hc/en-us/articles/360041380971-Talkdesk-Secure-Payments
Reverse Pin Method
https://support.talkdesk.com/hc/en-us/articles/360041380971-Talkdesk-Secure-Payments#h_01H960XBY6VJPHAVXRX5W3XJ39
??????????????????????????????????????????????????????????????????????????????????????????????????????????
YALE MIDCO 3 LIMITED
13 Oct 2021 Registered office address changed from 100 Wood Street London EC2V 7AN United Kingdom to Pannell House Park Street Guildford Surrey GU1 4HN on 13 October 2021
https://find-and-update.company-information.service.gov.uk/company/13451660/filing-history
SYCURIO
05 Sep 2023 Change of details for Yale Midco 3 Limited as a person with significant control on 13 October 2021
https://find-and-update.company-information.service.gov.uk/company/06963868/filing-history
You must tell Companies House within 14 days if you make changes to:
the address where you keep your records, and which records you keep there
directors or their personal details, like their address
‘people with significant control’ (PSC), or their personal details like a new address
https://www.gov.uk/running-a-limited-company/company-changes-you-must-report#:~:text=You%20must%20tell%20Companies%20House%20within%2014%20days%20if%20you,details%20like%20a%20new%20address
???????????????????????????????????????????????????????????????????????????????????????????????????????????
SYCURIO LIMITED
Accounts
Next accounts made up to 31 December 2022
due by 30 September 2023
https://find-and-update.company-information.service.gov.uk/company/06963868
---------------------------------------------------------------------------------------------
Mrs Justice Bacon, here on the 22 September 2023, 8.30 am – 5.30 pm BST
Mlex - Competition Litigation Conference 2023
In its tenth year, the annual Competition Litigation Conference will provide an in depth discussion shaped by key rulings from the Competition Appeal Tribunal, High Court, Court of Appeal and Supreme Court.
The event features a host of prominent speakers, including keynote speakers Mrs Justice Bacon and Competition Appeal Tribunal Chair Ben Tidswell, tackling the following topics:
• Antitrust litigation — the year in review
• Subsidy control — procedure and case law
• Collective and other representative proceedings
• Brexit impact on litigation in and outside the UK
Hausfeld Partner, Lesley Hannah will join a panel on ‘Collective and other representative proceedings’, alongside Mark Hoskins KC from Brick Court Chambers, Ricky Versteeg from Freshfields and Tom Clark from Which?, moderated by Senior Mlex Correspondent Simon Zekaria.
Practical arrangements
This in-person event will take place on the 22 September 2023, 8.30 am – 5.30 pm BST, in the Auditorium at Freshfields in London.
https://www.hausfeld.com/events/mlex-competition-litigation-conference-2023/
SYCURIO LIMITED
05 Sep 2023 Change of details for Yale Midco 3 Limited as a person with significant control on 13 October 2021
https://find-and-update.company-information.service.gov.uk/company/06963868/filing-history
YALE MIDCO 3 LIMITED
05 Sep 2023 Change of details for Yale Midco 2 Limited as a person with significant control on 13 October 2021
https://find-and-update.company-information.service.gov.uk/company/13451660/filing-history
YALE MIDCO 2 LIMITED
05 Sep 2023 Change of details for Yale Midco 1 Limited as a person with significant control on 13 October 2021
https://find-and-update.company-information.service.gov.uk/company/13451657/filing-history
Victor,
Very good. Agile methodologies instead, then.
Lucretuis
PCIP, have their own "Head of Delivery" so no chucking
ECB Level 2 Cricket Coach from England & Wales Cricket Board (ECB)
Charlie Scutt
Head of Delivery at PCI-PAL
Charlie Scutt has a strong background in delivery management and agile methodologies. Charlie most recently worked at PCI Pal as Head of Delivery, where they were responsible for end-to-end delivery and execution of the company's product and technology roadmap. Prior to that, they were a Delivery Manager at Deko, overseeing product and project delivery, as well as being a Scrum Master for multiple scrum teams. Charlie also worked as a Delivery Manager at Lebara, where they acted as a Scrum Master for development teams, facilitated scrum ceremonies, and championed Agile methodologies. Charlie started their career as an Operations Intern at Trade and Investment Queensland. Overall, they have extensive experience in driving delivery success and implementing Agile methodologies across various organizations.
Charlie Scutt obtained a Bachelor of Arts (B.A.) with honors (2.1) in Geography from the University of Cambridge from 2010 to 2013. Prior to that, Charlie attended Queen Elizabeth's School in Barnet from 2003 to 2010, completing A levels with grades A*AAB and achieving 11 A* or A grades in GCSE. In addition to their academic qualifications, Charlie has obtained various certifications: Certified Scrum Master (CSM) from Scrum Alliance in April 2016, Prince2 Foundation + Practitioner from PEOPLECERT in July 2015, and ECB Level 2 Cricket Coach from England & Wales Cricket Board (ECB) in July 2014.
https://theorg.com/org/pci-pal/org-chart/charlie-scutt
Victor,
If we imagine Sycurio as WG, what would PCIP’s equivalent of Smithson’s throw be?
Event history: EP3402177
01.09.2023 Revocation of patent
https://register.epo.org/application?number=EP18164715&lng=en&tab=event
------------------------------------------------------
WG Grace caught on the wrong side of gamesmanship
Grace, in no mood to get out cheaply twice in the match, now decided to counterattack. He reached 40 in no time, and it quickly became evident that this was going to be one of "those" days.
So one Sam Smithson came on, and did not even pretend to bowl. He simply stood and threw the ball. Grace, left without any time to adjust, was clean bowled.
Unfortunately, the umpire had not bothered to look at Smithson's action either. So nobody got a chance to call Smithson for his action. By that time Grace had been bowled and the ball had been dead. They would call him if there had been an encore, but that would be only after Grace had left.
A fuming Grace had to depart. It was unfair, but Grace was the last person who had the right to accuse someone of gamesmanship.
https://www.lse.co.uk/ShareChat.html?ShareTicker=PCIP&share=Pci-pal&thread=395A85A9-02B4-4F3D-A0C6-B1170B22592A&reply=true
All documents: EP3402177
31.08.2023 F3324 Closure of the appeal proceedings: withdrawal of the appeal/ application/
https://register.epo.org/application?number=EP18164715&lng=en&tab=doclist
---------------------------------------------------------------------------------------------
WG Grace: No Extra Runs As Wisden 'Corrects' England Cricket Legend's Glorious Records
As widely reported, Wisden has now fallen into line with the Association of Cricket Statisticians and Historians (ACSH), who have long questioned the status of several "first-class" matches played by WG Grace.
"The time has come to accept that the Almanack should be more concerned with record than romance," Wisden editor Lawrence Booth told the Times.
https://www.outlookindia.com/sports/wg-grace-no-extra-runs-as-wisden-corrects-england-cricket-legend-s-glorious-records-news-195662
Victor,
I share your view that Sycurio’s other two challenged European patents are doomed. Will Sycurio instruct Mathys & Squire to go through the motions of answering the unanswerable by the deadline in October, or will Sycurio “walk” like WG because the “heat” is too much? Either way it could be up to a year before the EPO’s ruling. But if Sycurio walks, at least we’ll know with an even higher degree of confidence what the outcome will be.
Lucretuis
I have come to the same conclusion as Dentons
This part of 1.5 from Dentons Opposition Documents, appears in the three EU Patents below, that ECK & PCIP have attacked
1.5.. "It is submitted that the grounds cited in the Opposition are unanswerable and will inevitably result in revocation of the Patent in fall"
EP2286576
Page 8
https://register.epo.org/application?documentId=LFCBQLT71MHG9W1&number=EP09742359&lng=en&npl=falseThe day
EP3402177
Page 12..1.5
https://register.epo.org/application?documentId=L1YXXSNWNG0QJWA&number=EP18164715&lng=en&npl=false
EP3603043
Page 9...1.5
https://register.epo.org/application?documentId=LJ6ROU85V2KPZDO&number=EP18715240&lng=en&npl=false
Did Byres try to respond to the objections to EP3402177, but ended up agreeing with Dentons
"that the grounds cited in the Opposition are unanswerable"?
Did Mathys & Squire, after trying to start a response (Mathys also with the benefit of being able to read the Grounds for the decision) come to the same conclusion
"that the grounds cited in the Opposition are unanswerable"?
-------------------------------------------------
EP3402177.... Cited here
EP4226604 - SECURE PROCESSING OF SENSITIVE INFORMATION DURING A CALL
For all designated states
Sycurio Limited
Pannell House
Park Street
Guildford, Surrey GU1 4HN / GB
Cited in International search
[XD]EP3402177 (SEMAFONE LTD [GB]) [XD] 1,2,4-8,11,12,15-18 * paragraph [0101] - paragraph [0103] * * paragraph [0125] * * paragraph [0143] * * paragraph [0153] - paragraph [0159] * * paragraph [0186] - paragraph [0188] *;
[X]WO2019073216 (PCI PAL U K LTD [GB]) [X] 1,3,10,11,13,14,20 * page 6, line 5 - line 6; claims 1-11 *;
https://register.epo.org/application?number=EP21794916
14.07.2023 Request for examination filed
https://register.epo.org/application?number=EP21794916&lng=en&tab=event
---------------------------------------
The day WG Grace walked
Grace’s decision to walk —perhaps the only time in his life — was a wise one.
https://www.cricketcountry.com/articles/the-day-wg-grace-walked-341544
Victor,
Mention of WG reminds me of the Aussie journalist who called him “ A cheat. A batsman. A bastard.”
Victor
How do you think Sycurio will respond to PCIP’s & Eckoh’s objections to EP2286576 given that it did not reply to their objections to EP3402177 & has now abandoned its appeal against that patent’s revocation? EP2286576 & EP 3402177 are quite similar (one is for a telephone call processor for processing telephone calls comprising voice and data signals & the other for a telephone call processing system etc). Many of the objections from PCIP & Eckoh to EP2286576, especially in respect of added matter & prior art (Proctor) are identical, or very close to identical, to those raised to EP3402177. The EPO revoked EP3402177 because it was not novel in view of Proctor and because it upheld 7 out of 8 of PCIP’s observations about added matter on features of Claim 1 of the patent. The wording on two of these features is identical in claim 1 of EP2286576 & very similar on another two. And how will Sycurio defend EP2286576 against Proctor when it couldn’t (or didn’t) defend EP3402177 first time round?
Lucretuis
Also, Ronald Van Volkenburgh's Block comes to mind
Do Sycurio now go down the W.G. Grace route?
WG Grace quote
"They came to see me bat not you bowl" - WG Grace, putting the bails back on his stumps after being bowled first ball.
Victor
Great. Amendment rejected, directly.
30 August 2023 Letter - Amendment (S75)
https://www.ipo.gov.uk/p-ipsum/Document/ApplicationNumber/GB1020894.0/25b09e49-f4b0-4ae6-b36b-f5851e5b0ce4/GB2473376-20230830-Letter%20%20Amendment%20S75.pdf
"I would love to be a fly on the wall in Sycurio HQ"
leycrjb, no need to be a fly on the wall
"Furthermore, Sycurio have acknowledged that a number of their personnel, including senior product staff and board members, both internal and external, were involved in a board meeting during which Sycurio considered competitor technology and call flows, and that PCI Pal's confidential information "may" have been used in this session. This session also involved personnel from Sycurio's private equity owners, Livingbridge LLP.".....07 June 2023...RNS Reach
Also with Sycurio's tight security, you probably would C-Suite fa
Self-destruction, I think.
I would love to be a fly on the wall in Sycurio HQ. What on earth are they playing at.
Lucretuis
I don't think that this was in the plan when the Lawsuit was served 2 years ago
4. Enter "DEAD" and dispose of paper file
https://register.epo.org/application?documentId=LLUVHQDOS7XILOB&number=EP18164715&lng=en&npl=false