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Financial Business Method Claims Held Not Patent-Eligible (and Invalid for Indefiniteness)

The clear trend of district courts invalidating business method patent claims has continued in Intellectual Ventures I, LLC v. Capital One Financial Corp., No. 1:13-cv-00740 (E.D. Va. April 16, 2014).  Further, the court provided some lessons for claim drafters in holding claims of one patent invalid for indefiniteness under 35 U.S.C § 112. Intellectual Ventures […]

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Patent Invalidity for Indefiniteness When a Claim Recites Two Statutory Classes

A patent claim directed to a “computer readable medium encoded with computer program for performing contextual searches on an Internet Phone (IP) phone” was held invalid under 35 U.S.C. § 112, ¶ 2, as indefinite because the claim recited user actions in the context of steps that otherwise functionally limited the claimed apparatus. H-W Tech., […]

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Federal Circuit Reaffirms Software Means-Plus-Function Requirements

In keeping with other cases discussed by this blog addressing whether software “means” recited in patent claims have been adequately disclosed, the Federal Circuit recently affirmed a district court’s invalidation of patent claims for indefiniteness because the patent specification did not disclose an algorithm to support the recited means. Function Media, L.L.C. v. Google Inc., […]

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Means-Plus-Function Claims Indefinite Without Supporting Algorithm

If a claimed means requires programming to carry out a specified function, then a patent specification must disclose an algorithm to support the claimed means. Absent such disclosure, means-plus-function claim elements are indefinite, and render a patent claim invalid under 35 U.S.C. § 112, according to the court in Microsoft Corp. v. Motorola Inc., No. […]

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“Substantially Centered” Not Indefinite in Patent Claim

The phrase “substantially centered” does not render a patent claim indefinite under 35 U.S.C. § 112, according to the court in the ongoing Apple-Samsung patent litigation. Apple, Inc. v. Samsung Elecs. Co., No.: 11-CV-01846-LHK (Jan 29, 2013, N.D. Cal.). At issue was claim 50 of U.S. Patent No. 7,864,163 (reproduced in full at the end of […]

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Patent Claims Indefinite: No Structure Supports Recited Software Means

The Federal Circuit has held patent claims indefinite under 35 U.S.C. § 112 where the claims recited “means for processing,” but the patent specification failed to disclose any structure that performed the recited means. Eplus, Inc. v. Lawson Software, Nos. 2011-1396, -1456, -1554 (Fed. Cir. Nov. 21, 2012). This case continues a line of Section […]

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Software Means-Plus-Function Claims Held Indefinite

Software patent claims were held indefinite under 35 U.S.C. § 112 where the patent specification failed to provide any algorithm for performing the recited function.  Ibormeith IP, LLC v. Mercedes-Benz USA, LLC, No. 10-5378 (D. N.J., Sept. 5, 2012).  The claims recited “computational means” and thus were means-plus-function claims within the ambit of 35 U.S.C. […]

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Functional Language Renders Claims Indefinite

Patent claims broadly reciting functions of a “controller” are indefinite under 35 U.S.C. § 112, second paragraph, according to the court in Markem-Imaje Corp. v. Zipher, Ltd., Civil No. 07-cv-00006-PB (D. N.H. Aug. 9, 2012).  The court therefore granted accused infringer Markem’s motion for summary judgment of invalidity. A representative patent claim recited a tape […]

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Indefiniteness of Software Patent Claims; Certificates of Correction

Whether means-plus-function claims were indefinite, and the effect of a certificate of correction on correcting a patent’s priority date, were two of the interesting issues discussed by the court in Carotek, Inc. v. Event Capturing Systems, Inc., Nos. 07 Civ. 11163 (NRB), 08 Civ. 5706 (NRB) (S.D.N.Y. Nune 28, 2012).  The court held that one […]

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Software Patent Means Claims Held Indefinite

A software patent means-plus-function claim is indefinite where the specification fails to disclose an algorithm that performs the recited function.  The Federal Circuit has now held that where a means limitation is associated with multiple functions, a claim is indefinite where the patent specification discloses only one of the functions.  Noah Systems, Inc v. Intuit, […]

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