News & Analysis as of

Patents Intellectual Property Protection Means-Plus-Function

McDermott Will & Emery

Bottling the Truth: Equivalence and Reverse Equivalence

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit ruled that the “substantially the same way” comparison in connection with a doctrine of equivalents (DOE) analysis involving a means-plus-function claim limitation should focus...more

Holland & Knight LLP

Section 101 Patent Eligibility Roundup: It's Been Too Long

Holland & Knight LLP on

It's been a while since I last posted, and I apologize for that. (If interested, here's an alert about what's kept me away: a CFAA trial we wrapped up in late July.) But I am back, so let's look at the latest on the Section...more

McDermott Will & Emery

Decoding Algorithms: Structural Sufficiency for Means-Plus-Function Claim Judged From Skilled Artisan’s Perspective

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit reiterated that in the context of construing computer-implemented means-plus-function limitations, if the specification discloses some arguable algorithm, even if a party...more

Downs Rachlin Martin PLLC

Means Plus Function – Williamson Removed The “Heavy” Presumption But Dyfan And VDPP Pack Some of the Pounds Back On

When a claim term is construed as a means plus function limitation, the recited “means” is limited to only the specific structures disclosed in the specification for performing the recited function, and a limited range of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights Newsletter - March 2022

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Procopio, Cory, Hargreaves & Savitch LLP

The Continued Impact on Patent Prosecutors and Litigators of the Federal Circuit’s Expanded Treatment of Means Plus Function...

In a new precedential Federal Circuit decision, Kyocera Senco Industrial Tools Inc. v. ITC, that impacts both patent prosecutors and litigators, the court again demonstrated the reach of its recent expansion of language that...more

Mintz - Intellectual Property Viewpoints

Means-Plus-Function Structure – Can be it Incorporated by Reference?

In its recent decision, Fiber, LLC. v. Ciena Corp., No. 2019-1005 (Fed. Cir. Nov. 21, 2019), the Court of Appeals for the Federal Circuit (Federal Circuit) issued a reminder that the structure necessary to satisfy the...more

McDermott Will & Emery

Algorithm Required Where Corresponding Structure to Means-Plus-Function Term Is Computer-Implemented

The US Court of Appeals vacated a Patent Trial and Appeal Board (PTAB) obviousness decision, finding that the disputed means-plus-function term was computer-implemented and therefore required the corresponding structure to...more

Mintz - Intellectual Property Viewpoints

With Software Patents and Means-Plus-Function, “Structure” Takes On a New Meaning

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

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