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Fintiv, Inc. v. Paypal holdings, Inc., Appeal No. 2023-2312 (Fed. Cir. Apr. 30, 2025) In its only precedential patent opinion last week, the Federal Circuit affirmed a district court’s determination that the terms “payment...more
Means-plus-function claim elements can be a sticky wicket during an inter partes review, to borrow a phrase from the cricket lovers out there. These are claim elements drafted under 35 U.S.C. § 112(f) (or its predecessor...more
Suppose that you want to obtain a patent for an invention and, in your claims of the patent application, you recite terms as a structure with functional language or means-plus-function language. What if this language requires...more
Corresponding Structure Snafu: Lack of Algorithm Renders Claims Indefinite - In Rain Computing, Inc. v. Samsung Electronics Co. Ltd., Appeal No. 20-1646, the Federal Circuit held that the structure for performing a...more
Functional Claiming in Software Patents - Software patents are generally directed to a sequence of steps or rules, i.e., an algorithm, performed by a computer programmed to carry out the algorithm. Because algorithms are...more
Addressing whether a claim term was a means-plus-function term under the pre-America Invents Act (AIA) 35 U.S.C. § 112 ¶ 6, the U.S. Court of Appeals for the Federal Circuit construed the disputed term as a...more
Addressing the question of what corresponding structure must be disclosed to support a means-plus-function claim element, the U.S. Court of Appeals for the Federal Circuit upheld a district court finding that eight...more