Blue Calypso Requests En Banc Review At The Federal Circuit

DALLAS, April 05, 2016 -- Blue Calypso, Inc. (OTCQB:BCYP), an innovator of mobile consumer activation, engagement and social advocacy solutions for manufacturers and brick-and-mortar retailers, announced today that it has filed a petition for rehearing en banc with the United States Court of Appeals for the Federal Circuit.

On March 1, 2016, the Federal Circuit overturned the PTAB decision as to insufficient written description but upheld the decision of invalidity based on anticipation of several claims of the patents by the prior art Paul reference.  Senior Judge Schall dissented from the anticipation ruling regarding the Paul reference.  Instead, he agreed with Blue Calypso’s position that the Paul reference disclosed two separate systems that call for sending emails to ‘all’ members without performing a key step in the Blue Calypso invention of matching and targeting as is specifically disclosed in the Paul patent specification. 

If allowed, an en banc review would occur before a panel of eight judges of the Federal Circuit instead of just three as was the case at the Company’s recent appeal hearing.  The Company also has the option of requesting that the Supreme Court review the Federal Circuit’s decision which must be filed within 90 days from the date of the March 1st decision.  If the Company pursues and is successful in reversing the ruling of invalidity based on the Paul reference, then all of the invalidated claims as a result of the PTAB’s negative decision would be re-instated.

“We believe our patent claims have been wrongly invalidated and should be reconsidered.  Senior Judge Schall saw that the Paul reference contained two separate systems and the specification clearly states that ‘all’ subscribers are sent a refer-a-friend email message without any regard to matching or targeting.  We are hopeful that a full panel of Federal Circuit judges will agree with us.  While we consider all of our options for appeal, including the possibility of petitioning the Supreme Court, we are working in parallel with our team at Fish & Richardson to evaluate the best strategy for continuing our infringement trial in the Eastern District of Texas,” concluded Levi.

About Blue Calypso, Inc.  Dallas-based Blue Calypso, Inc. (OTCQB:BCYP) develops and delivers an innovative location-centric mobile shopper engagement experience for brands, retailers and consumers. The Company’s KIOSentrix® platform connects consumers to brands, drives local in-store traffic, increases shopper spend and shortens the consumer’s path-to-purchase. The Company was recently selected to Retail CIO Outlook magazine’s “Top 10 Merchandising Solution Providers – 2016.”  For more information about the Company, please visit www.bluecalypso.com.

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