Shares in Document Security Solutions Inc (NYSEAMERICAN:DSS) rose once again on Monday after the anti-counterfeit and authentication systems provider said it is to press ahead with its lawsuit against tech giant Apple Inc (NASDAQ:AAPL).
In a ruling announced late Friday and confirmed by the company on Monday, the US Court of Appeals reversed a prior decision made by the Patent Trial and Appeal Board that found some of DSS's patents to be "unpatentable as obvious".
“Because we find that the Board did not provide a sufficient explanation for its conclusions, and because we cannot glean any such explanation from the record, we reverse," read a statement.
Shares closed up 43% on Friday and advanced another 4% to US$1.60 shortly after midday on Monday.
The decision means the Rochester, N.Y.-based company can now relaunch its patent infringement fight against Apple, which had been put on hold pending the outcome of the hearing.
One of the patents which has now been validated by the US Court of Appeals was patent no. 6,128,290 – or the '290 patent.
DSS alleges that various Apple products which utilize wireless Bluetooth connections to external devices such as a keyboard or mouse infringe upon this patent.
As a result of Friday's reversal, DSS said it expects to resume its patent infringement case against Apple once the courts formally lift the stay that had been temporarily put on the lawsuit.
"We are pleased that the Federal Circuit recognized that Apple had not proven the claims of the ‘290 patent to be invalid and look forward to pursuing our claims for patent infringement against Apple in court," said DSS chief executive Jeff Ronaldi.