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The U.S. Supreme Court has rejected an Infinity Computer Products Inc. appeal over whether the Federal Circuit has created a new standard on indefiniteness, cementing a win Oki Data Americas Inc. secured at the circuit court in a patent dispute.
On February 10, 2021, the Federal Circuit in Infinity Computer Products, Inc. v. Oki Data Americas, Inc., No. 20-1189 (Fed. Cir. 2021) affirmed a decision by the U.S. District Court of Delaware that patent claims were invalid for indefiniteness based on conflicting positions taken by the patentee during prosecution. Specifically, the Federal Circuit held that the conflicting positions leave one of ordinary skill without reasonable certainty regarding the scope of the invention. This Federal Circuit decision is a reminder to patent applicants that piecemeal success before the Patent Office th...
Thursday, February 18, 2021 In deciding whether use of the term “passive link” to define a connection between a computer terminal and a fax machine rendered a patent claim indefinite, the US Court of Appeals for the Federal Circuit affirmed the district court’s finding of invalidity based on conflicting statements made by the patent owner during prosecution. Infinity Computer Products, Inc. v. Oki Data Americas, Inc., Case No. 20-1189 (Fed. Cir. Feb. 10, 2021) (Prost, C.J.) Infinity owns a patent directed to providing a circuit for interfacing a personal computer with a facs...
To embed, copy and paste the code into your website or blog: On February 10, 2021, the Federal Circuit held that the term “computer” was indefinite because the prosecution history included arguments distinguishing prior art references that relied on conflicting understandings of the term. Infinity Computer Prods., Inc. v. Oki Data Am., Inc., No. 2020-1189 (Fed. Cir. Feb. 10, 2021). Infinity Computer Products, Inc. (“Infinity”) sued Oki Data Americas, Inc. (“Oki”) for infringement of U.S. Patent 6,894,811 (the “’811 patent”) and three other patents that share a common specif...