CosmoKey Solutions GmbH v. Duo Security LLC (Fed. Cir. 2021)

By Michael Borella — CosmoKey asserted U.S. Patent No. 9,246,903 against Duo in the U.S. District Court for the District of Delaware, alleging infringement. The District Court found the patent’s claims to be ineligible under 35 U.S.C. § 101 because they were directed to an abstract idea and lacked an inventive concept. On review, the Federal Circuit reversed, and provided a small glimmer of clarity illuminating the ever-elusive contours of the “inventive concept.” The Claimed Invention Two-factor authentication is the current state-of-the-art when it comes to providing secure remote access to information and software applications. In short, a user first…