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June 20, 2022
When a claim term is construed as a means plus function limitation, the recited “means” is limited to only the specific structures disclosed in the specification for performing the...
June 4, 2021
To embed, copy and paste the code into your website or blog: Claim language is important. Particularly when dealing with software systems, claims may be held invalid as being indefinite when the claim language is characterized as “means-plus-function” under pre-AIA 35 U.S.C. §112 ¶ 6 (now AIA 35 U.S.C. §112(f)). That is indeed what recently happened in Rain Computing, Inc. v. Samsung Electronics Co., Ltd., where the claims at issue were directed to “delivering software application pac...
June 3, 2021
Claim language is important. Particularly when dealing with software systems, claims may be held invalid as being indefinite when the claim language is characterized as means-plus-function under pre-AIA 35 U.S.C. §112 ¶ 6
April 16, 2021
To print this article, all you need is to be registered or login on Mondaq.com. Functional claim language—which defines an invention by what it does rather than what it is—can be a powerful claim drafting tool when used carefully. For example, functional language may be advantageous for computer-implemented inventions that are characterized with reference to logical components instead of physical hardware. 35 U.S.C. § 112(f) (formerly § 112¶ 6) expressly permits t...
March 11, 2021
Thursday, March 11, 2021 In determining whether a claim element invoked 35 USC § 112, ¶ 6, the US Court of Appeals for the Federal Circuit concluded that “module” was a nonce term and required sufficient corresponding structure in the patent specification to avoid indefiniteness under 35 USC § 112, ¶ 2. Rain Computing, Inc. v. Samsung Electronics Co., Ltd., Case Nos. 20-1646, -1656 (Fed. Cir. Mar. 2, 2021) (Moore, J.) Rain sued Samsung for infringement of a patent directed t...
March 11, 2021
A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent...
March 10, 2021
Panel: Judges Lourie, Dyk, and Moore, with Judge Moore writing the opinion You should read this case if: you have a claim term with functional language that may be subject to means-plus-function interpretation Everyone knows patents must end with claims that “particularly point out and distinctly” identify the invention. 35 U.S.C. § 112(a). But some inventions don’t lend themselves to succinct delineation in the claims. So Congress provided an alternative—rather than identif...
March 10, 2021
Rain Computing, Inc. v. Samsung Electronics America, Inc. , Appeal Nos. 2020-1646, -1656 (Fed. Cir. Mar. 2, 2021) Our Case of the Week focuses on the issue of indefiniteness, and particularly, terms that are construed as being subject to 35 U.S.C. § 112 ¶ 6. Like in other recent cases, the terms at issue were multi-word coined terms used to describe features in computer systems. We recently provided a write-up of a similar case—see our write-up of the Federal Circuit’s February 12, 2021...
March 9, 2021
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March 6, 2021
RAIN COMPUTING, INC. v. SAMSUNG ELECTRONICS CO. LTD. Before Lourie, Dyk, and Moore. Appeal from the United States District Court for the District of Massachusetts. ...