Dynapass IP Holdings LLC v. Bank of America Corporation

Dynapass IP Holdings LLC v. Bank of America Corporation The Federal Circuit affirmed the district court's construction of "receiving the password" to exclude separately receiving the passcode and token components. Under the claim language and written description, the claimed "password" is distinct from its passcode and token components. The decision reinforces that disclosed alternative embodiments will not broaden claim scope where the claim language and specification consistently distinguish the claimed item from its components. Affirmed; costs awarded to Bank of America. The asserted patent concerns authentication using a password generated from a user-known passcode and a user-unknown token. Dynapass accused Bank of America's mobile banking two-factor authentication feature, but stipulated to noninfringement after an adverse claim construction. The Federal Circuit held that the claim requires generating a password from the passcode and token before "receiving the password." The specification's references to submitting the passcode and token separately did not control because the patent repeatedly juxtaposed "password" with "passcode" and "token." The nonprecedential opinion affirmed dismissal with prejudice. claim construction infringement non-precedential § 112(a) claim construction infringement non-precedential § 112(a) claim construction infringement non-precedential § 112(a)