Bryan Smith

Bryan Smith

LeClairRyan

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Federal Circuit Expands Scope of Functional Claiming

A recent Federal Circuit panel decision in Williamson v. Citrix Online, LLC altered the evidentiary standard for determining whether a patent claim employs means-plus-function language. Specifically, the court expressly...more

7/14/2015 - Claim Construction Means-Plus-Function Patent Litigation Patents

Supreme Court Decision in Alice Corp. v. CLS Bank Raises More Questions Than Answers

The Supreme Court recently issued its much anticipated decision in Alice Corp. v. CLS Bank, unanimously affirming the Federal Circuit's en banc decision finding the method, system, and computer readable medium claims at issue...more

6/27/2014 - Alice Corporation CLS Bank CLS Bank v Alice Corp Patent Infringement Patent Litigation Patent-Eligible Subject Matter Patents SCOTUS

Supreme Court Alters Standard for Establishing Indefiniteness

A recent unanimous decision by the U.S. Supreme Court in Nautilus v. Biosig significantly increases the opportunity for a claim to be held as indefinite. In particular, the Supreme Court has set forth a new standard...more

6/6/2014 - Definiteness Indefiniteness Nautilus Inc. v. Biosig Instruments Patent Infringement Patent Litigation Patents SCOTUS

Between Scylla And Charybdis: Future Of Software Patents Lies In Supreme Court Balance

The Supreme Court recently heard oral arguments in Alice Corp. v. CLS Bank, a case in which the outcome may have a dramatic effect on the future and direction of software patents. Justice Breyer compared the Supreme Court’s...more

4/10/2014 - CLS Bank v Alice Corp Patents SCOTUS Section 101 Software USPTO

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