Category Archives: Means-plus-function

DC indefiniteness finding vacated and remanded, while “means”-related claim construction finding affirmed, each based on the intrinsic evidence

Grace Instrument Industries, LLC v. Chandler Instruments Co., LLC and Ametek, Inc. Docket No. 2021-2370 ( CHEN, CUNNINGHAM, STARK January 12, 2023 Brief Summary:   DC indefiniteness determination of “enlarged chamber” vacated and remanded while construction of “means for driving” … Continue reading

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DC finding of means-plus-function invalidity of computer-related claims reversed

Dyfan, LLC v. Target Corporation Docket No. 2021-1725 ( LOURIE, DYK, STOLL March 24, 2022 Brief Summary:   DC finding of invalid means-plus-function claims reversed and remanded as meaning of “code” and “application” would be understood by skilled artisans and … Continue reading

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ITC decision remanded for briefing on structure correlating to means-plus-function limitation

Kyocera Senco Ind. Tools, et al. v. International Trade Commission (ITC) Docket No. 2020-1046, -2050 ( MOORE, DYK, CUNNINGHAM January 21, 2021 Brief Summary:  ITC decision vacated and remanded for the parties to brief “what structures correspond to” the means-plus-function … Continue reading

Posted in Claim Construction, International Trade Commission, Means-plus-function, Written description | Leave a comment

IPR obviousness decisions reversed for new claim construction; algorithm not required for circuitry

Qualcomm Inc. v. Intel Corp. (USPTO as Intervenor) Docket No. 2020-1589-94 (IPR2018-01326-30, -01340) ( MOORE, REYNA, STOLL July 27, 2021 Brief Summary:  Board IPR obviousness decisions vacated and remanded as Qualcomm had no notice of change in claim construction; “algorithm … Continue reading

Posted in Claim Construction, Inter Parties Review (IPR), IPR, Means-plus-function, Obviousness, Software | Leave a comment

DC claim construction and indefiniteness findings affirmed; ineligibility conclusions not reached by FC panel

Synchronoss Techs., Inc. v. Dropbox, Inc., Funambol, Inc. Docket No. 2020-2196, -2199 ( PROST, REYNA, TARANTO February 12, 2021 Brief Summary:  DC claim construction, invalidity for indefiniteness, and grant of SJ affirmed. Summary:  Synchronoss appealed DC claim constructions and grant … Continue reading

Posted in Claim Construction, Indefiniteness, Means-plus-function, Patent Eligibility (101), Section 101 (see also Patentability), Software | Leave a comment

IPR obviousness findings affirmed except for one claim that “describes a stand-alone alternative” to means-plus-function limitation

Cochlear Bone Anchored Solutions AB v. Oticon Medical AB, et al. Docket No. 2019-1105, -1106 (IPR2017-01018, -01019) NEWMAN, O’MALLEY, TARANTO May 15, 2020 Brief Summary: Board IPR obviousness findings affirmed, while its analysis of one means-plus-function claim vacated and remanded. … Continue reading

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Disclosed algorithm found to provide sufficient support for mean-plus-function claim term

Intelligent Automation Design, LLC v. Zimmer Biomet CMF et al. Docket No. 2019-1100 PROST, WALLACH, HUGHES January 30, 2020 Non-precedential Brief Summary: DC determination of means-plus-function construction affirmed but reversed as to whether sufficient structure was disclosed. Summary: IAD appealed … Continue reading

Posted in Claim Construction, Claim Differentiation, Means-plus-function, Uncategorized | Leave a comment

USPTO decision finding Sony’s CD recording claims obvious reversed by Federal Circuit due to improper means-plus-function determination (“computer-implemented” limitation requires algorithm)

Sony Corporation v. Andrei Iancu (USPTO as intervenor) Docket No. 2018-1172 (IPR2016-00834) PROST, NEWMAN (D), DYK May 22, 2019 Brief summary: IPR FWD obviousness finding reversed and remanded as disputed means-plus-function limitation is computer-implemented and requires an algorithm and Board … Continue reading

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TEK Global, et al. v. Sealant Systems Int., Inc. et al.

Docket No. 2017-2507 REYNA, TARANTO, CHEN March 29, 2019 Brief summary: DC finding of infringement, damages, and grant of PI affirmed; SSI granted a new trial on invalidity (on remand, DC improperly foreclosed SSI from presenting new obviousness theories). Summary: … Continue reading

Posted in Damages, Infringement, Lost Profits, Means-plus-function, Royalties | Leave a comment

Diebold Nixdorf, Inc. et al. v. Int. Trade Commission (ITC (Appellee)) / Hyosung TNS Inc. et al. (intervenors)

Docket No. 2017-2553 PROST, BRYSON, O’MALLEY August 15, 2018 Brief summary: ITC finding that Diebold violated § 337 by importing components of automated teller machines (“ATMs”) that infringe means-plus-function claims reversed as invalid for indefiniteness (§ 112, para. 6). Summary: … Continue reading

Posted in Indefiniteness, International Trade Commission, Means-plus-function | Leave a comment