Indefiniteness

News & Analysis as of

Structural Element Does Not Make Method Claims Indefinite

In Cox Communications, Inc. v. Sprint Communication Company LP, [2016-1013] (September 23, 2016), the Federal Circuit reversed the district court’s determination that the asserted claims of U.S. Patent Nos. 6,452,932;...more

CAFC Says Functional Claim Language Does Not Create Divided Infringement

In LifeNet Health v. LifeCell Corporation, one of the many issues the Federal Circuit decided was that functional claim language did not create a divided infringement situation, even though an independent actor could impact...more

Federal Circuit Review | August 2016

Federal Circuit Holds That Using A Contract Manufacturer Does Not Trigger An On-Sale Bar - In The Medicines Co. v. Hospira, Inc., Appeal Nos. 2014-1469, -1504, the Federal Circuit, en banc, held that the patentee’s deal...more

Claim Narrowed by Specification is Saved from Indefiniteness but too Narrow to be Infringed

In Liberty Ammunition, Inc., v. U.S., [2015-5057, 2015-5061] (August 30, 2016), the Federal Circuit reversed the Court of Claims decision that that ammunition rounds used by the United States Army embody the claims of Liberty...more

Indefiniteness of Means-Plus-Function Claims

Addressing both the circumstances that lead to a claim limitation invoking a means-plus-function construction and indefiniteness issues for means-plus-function claims, the US Court of Appeals for the Federal Circuit affirmed...more

Icon Health & Fitness, Inc. v. Polar Electro Oy (Fed. Cir. 2016); Icon Health & Fitness, Inc. v. Garmin Int'l., Inc. (Fed. Cir....

In parallel decisions regarding litigation over the same patent, the Federal Circuit affirmed a District Court decision that the claims were invalid for indefiniteness under 35 U.S.C. § 112(b). This decision, expressly...more

And in the Alternative . . .

The older among us have “unlearned” the prohibition of the word “or” in patent claims, and have reasoned that if “or” is acceptable, its cousin “and/or” is acceptable in patent claims as well. A few years ago, the USPTO...more

Software Claims Directed to Specific Improvements in Computer Operations May be “Non-Abstract”

Federal Circuit reverses determination of subject-matter ineligibility as to patent claims directed to software, vacates summary judgment of anticipation for four claims based on patentee’s purposeful use of a singular...more

Invalidity And Non-Infringement Motions Are Denied

The disputed technology relates to a programmable communicator device capable of receiving and authenticating transmissions and storing them and further contemplates a remotely programmable device that allows for remote data...more

Inconsistent and Confusing Specification Language Does Not Support Broad Claim Construction - Trustees of Columbia Univ. v....

Addressing various claim constructions that led to a stipulated judgment of non-infringement and partial invalidity, the US Court of Appeals for the Federal Circuit affirmed two claim constructions and a related...more

Functional Claim Language Does Not Render Apparatus Claim Indefinite For Including Both Method And Apparatus

Patent applications involving electrical and/or computer related inventions often involve functional claim language. For example, software may be claimed in terms of its function. One or more components of an electrical...more

Federal Circuit Finds Claim Reciting Both Apparatus and Process Limitations May Be Definite

On March 1, 2016, the Court of Appeals for the Federal Circuit issued a decision in UltimatePointer, LLC v. Nintendo Co., No. 2015-1297, 2016 BL 60387 (Fed. Cir. Mar. 01, 2016). One of the issues decided by the court was...more

When Are Method/Device Hybrid Claims Indefinite?

The Federal Circuit’s recent decision in UltimatePointer v. Nintendo (Fed. Cir. Mar. 1, 2016) provides a reminder of the need to use caution when drafting a claim that could be read to cover both a device and a method of use....more

Ultimate Pointer Prevails in Indefiniteness Challenge

When is a claimed device really a claimed device? Claims for many types of tangible items, particularly computer-related inventions, include functional terminology. As the 213 blog has noted in the past, functional claiming...more

Pharmaceutical Preservative Patent Survives Indefiniteness Challenge - Senju Pharma. Co. Ltd. v. Lupin Ltd., (D.N.J. November 18,...

Applying the Supreme Court of the United States’ new indefiniteness standard from Nautilus v. Biosig, the U.S. District Court for the District of New Jersey held three claim terms in a patent on a stabilized, opthalmic...more

It’s All “Relative”, But No Different Here Under the New Nautilus Indefiniteness Standard

Order Denying Defendant’s Motion For Summary Judgement As To Indefiniteness, Silicon Laboratories, Inc. v. Cresta Technology Corporation. Case No. 14-cv-03227-PSG (Judge Paul S. Grewal) - In one of his most famous...more

Means-Plus-Function Claim Interpretation in Patent Claims – Remember the Alamo!

The Battle of the Alamo occurred between February 23 and March 6, 1836. Here, 180 years later, during the anniversary of the Alamo, I found myself in the Eastern District of Texas at a Markman hearing – and it reminded me of...more

You Can’t Spell “Pressurized Collection Vessel” Without “Collection” (Akzo Nobel Coatings, Inc. v. Dow Chem. Co.)

In an opinion addressing claim construction, infringement and indefiniteness, the U.S. Court of Appeals for the Federal Circuit affirmed the district court’s findings that the asserted claims were not indefinite and not...more

Federal Circuit Review | February 2016

Federal Circuit Dismisses an Appeal of an Inter Partes Reexamination for Lack of Standing Where the Appellant Failed to Establish that it was the Successor-in-Interest to the Original Petitioner - In Agilent...more

Summary Judgment Rulings Issue Regarding Image Sensor Technology

Andrews, J. Defendant Micron’s motion for summary judgment of non-infringement is granted in part and denied in part; for invalidity is denied; for no indirect infringement is granted in part and denied in part. Plaintiffs’...more

Clarifying the Obscure (Claim Indefiniteness) - The Dow Chemical Co. v. Nova Chemicals Corp. et al.

Clarifying the application of the indefiniteness standard set forth in the Supreme Court’s Nautilus case, a divided U.S. Court of Appeals for the Federal Circuit denied a combined petition for rehearing and rehearing en banc...more

Driessen v. Sony Music Entertainment (Fed. Cir. 2016)

On February 10, 2016, the Federal Circuit issued a nonprecedential opinion in a case captioned Driessen v. Sony Music Entertainment, Best Buy Stores, Fye, & Target Corp. addressing issues related to means-plus-function claims...more

Provisional Applications Narrow Construction of Four Patents, Broaden Construction of Two

In the Trustee of Columbia University in the City of New York v, Symantec Corporation, [2015-1146] (February 2, 2016) the Federal Circuit affirmed the district court’s claim construction order and subsequent partial final...more

MoFo IP Newsletter - January 2016

Highlights of 2015 and What to Watch in 2016 in The United States - Commil USA, llC v. CiSCo SyStemS, inC. (Supreme Court, may 26, 2015). In May, the Supreme Court held that a good faith belief that an asserted patent...more

What are the Rules on Indefiniteness of a Patent Specification under 35 USC § 112?

While the question was answered by the Supreme Court in Nautilus, Inc. v. Biosig Instruments, 134 S. Ct. 2120 (2014), the Federal Circuit, in The Dow Chemical Company v. Nova Chemicals Corporation (Canada), (2014-1431,...more

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