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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...
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 packages to a client terminal in a network based on user demands” and recited sending a “user ident...
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
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 the use of functional claiming and is traditionally invoked by the phrase "means for" followed by a f...
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 to a method for delivering software application packages to user terminals over a network. The claims...