Search
Favorite Blogs
Means-Plus-Function: The Achilles’ Heel
Thomas Brown | May 9, 2012
Noah Systems, Inc. v. Intuit, Inc.
April 9, 2012
Panel: Rader, O’Malley and Reyna. Opinion by Judge O’Malley
Summary
This decision illustrates that a patent could become invalidated even after surviving challenges of reexamination, which strengthen the presumption of validity, when a challenger discovers the Achilles’ Heel of a means-plus-function claim element resulting in a summary judgment of invalidity by the CAFC. Noah appeals the granting, by the United States District Court for the Western District of Pennsylvania (DC), of Intuit’s Motion for Summary Judgment of Invalidity of USP 5,875,435 (the ‘435 patent) based on indefiniteness for a means-plus-function claim element without the DC hearing evidence of how one of skill in the art would view the specification. The CAFC affirms by finding that the specification discloses no algorithm when the specification discloses an algorithm that only accomplishes one of two identifiable functions performed by the means-plus-function limitation.
Tags: accounting > algorithm > expert testimony > financial > indefiniteness > invalidity > means-plus-function > software > summary judgment > ThomasBrown
Computer-implemented “control means” requires description of step-by-step algorithm even if not key feature of claimed invention
Nicolas Seckel | April 4, 2012
Ergo Licensing, LLC v. Carefusion 303, Inc.
March 26, 2012
Panel: Newman, Linn and Moore. Opinion by Moore. Dissent by Newman.
Summary
Another reminder that under US patent law, a “means-plus-function” element recited in a patent claim covers only the corresponding structures described in the specification and their equivalents. If insufficient or no corresponding structures are described in the specification, the claim is invalid as indefinite. The rule is strictly applied even if the functional element is only a peripheral aspect of the invention. Here, the patent claims were directed to a multichannel drug infusion system. A “control means” was recited (for controlling the motor that adjusts the drug dosage). The Federal Circuit affirms the invalidity of the claims. The specification disclosed a “control device,” but no “step-by-step process.” Since the recited function could not be performed by a general computer without special programming, disclosure of an algorithm was required to avoid “pure functional claiming.”
Tags: algorithm > computer > indefiniteness > means-plus-function > NicolasSeckel
The Patent Court revisits IPXL doctrine regarding prohibition on hybrid claiming
Rob Raheja | February 29, 2012
HTC Corporation v. IPCom GmbH & Co.
January 30, 2012
Panel: Bryson, Linn and O’Malley. Opinion by O’Malley.
Summary
HTC Corporation and HTC America, Inc. sued IPCom GmbH & Co., KG seeking a declaration that it did not infringe claims of IPCom patents. IPCom counterclaimed alleging infringement. HTC moved for summary judgment of invalidity on the ground that claims 1 and 18 of U.S. Patent No. 6,879,830 owned by IPCom were indefinite because (1) they claimed both an apparatus and method steps; and (2) the means-plus-function limitation “arrangement for reactivating,” found in the last paragraph of claims 1 and 18, was indefinite because the patent failed to disclose structure corresponding to the claimed function. On summary judgment, the district court agreed with HTC that claims 1 and 18 were indefinite based on the Federal Circuit’s precedent in IPXL Holdings, L.L.C. v. Amazon.com, Inc prohibiting hybrid claiming of apparatus and method steps in the same claim, but rejected HTC’s argument that the claims were indefinite for failing to disclose the structure corresponding to the means-plus-function limitation. On appeal, the Federal Circuit reversed the district court’s judgment of invalidity based on hybrid claiming, but did not disturb the district court’s finding regarding the means-plus-function limitation. The Federal Circuit held that the district court misconstrued the asserted claims and that the patent did not describe any improper hybrid claiming of apparatus and method steps in the same claim because the claims, when properly construed, were drawn to only an apparatus and the prohibition on hybrid claiming under IPXL was inapplicable to claims 1 and 18.
Read More/続きを読む
Tags: claim construction > hybrid claiming > indefiniteness > means-plus-function > preamble-within-a-preamble > RobertRaheja
More on Typhoon: Knowledge in the Art as a Factor in Determining Sufficiency of Corresponding Algorithm
Dennis Hubbs | January 4, 2012
Since the CAFC was relatively quiet last week due to the holidays, this week we revisit Typhoon, which we discussed in our post last week. In the second half of this case, the CAFC continued their review of the district court’s claim interpretation. The CAFC reviewed the MPF claim term “means for cross-referencing responses to said inquiries with possible responses from one of said libraries.” The CAFC chose to emphasize a 1985 case, Shatterproof Glass, in indicating that the amount of detail required in the specification is related to the existing knowledge in the field of endeavor.
Means-Plus-Function Claims – “Algorithm” can be expressed in any understandable terms including in prose
Kumiko Ide | December 28, 2011
Typhoon Touch Technologies, Inc. v. Dell, Inc. et al.
CAFC, November 4, 2011
Panel: Rader, Newman, Prost. Opinion by Newman
Summary
The United States District Court for the Eastern District of Texas held the patents in suit invalid and not infringed. On appeal, the CAFC affirmed the district court’s rulings concerning the claim terms “memory for storing,” “processor for executing,” “operating in conjunction,” and “keyboardless.” However, CAFC reversed the district court’s ruling that the claim term “means for cross-referencing” is indefinite for failing to satisfy the requirements of 35 U.S.C. Section 112 ¶ 2. CAFC disagreed with the district court and held that the term “means for cross-referencing” is supported by the “structure, materials, or acts” in the specification.
地裁は、MPFのクレームにおいて、機能に対応する構造が明細書に記載されていないと判示し、特許法第112条2項に基づき、クレーム用語は不明瞭であり、クレームは無効であると判断した。CAFCは地裁に同意せず、本件では、明細書に十分な構造の開示があったと判示した。まず、コンピューターにより実施するために必要な構造（アルゴリズム（algorithm））が明細書に開示されているか否かを判断するにあたって、アルゴリズムは、数式、文章、フローチャート等、当業者が理解できるのであれば、どのような方法で開示されていても良いと示した。CAFCは、本件において必要なアルゴリズムは、文章により明細書に十分に開示されていたため、MPFの記載は不明瞭でないと判示した。