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Section 112 Appeals Means-Plus-Function

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

Knobbe Martens

Federal Circuit Review - September 2018

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Federal Circuit Finds Claims Issued from Reexamination Co-Pending with Appeal Ineligible Where the Changes Did Not Affect Section 101 Eligibility - In SAP AMERICA, Inc. v. InvestPic, LLC, Appeal No. 2017-2081, the...more

WilmerHale

Federal Circuit Patent Updates - August 2018

WilmerHale on

Ericsson Inc. v. Intellectual Ventures I LLC (No. 2017-1521, 8/27/18) (Reyna, Taranto, Chen) Reyna, J. - Vacating and remanding the PTAB’s IPR decision because the PTAB erred in not considering portions of the petitioner’s...more

Knobbe Martens

Diebold Nixdorf, Inc. v. ITC

Knobbe Martens on

Federal Circuit Summary - Before Prost, Bryson, and O’Malley. Appeal from the United States International Trade Commission (“ITC”). Summary: Evidence intrinsic to a patent may be sufficient to overcome the presumption...more

McDermott Will & Emery

Skky Found the Limit for “Means” Terms

The US Court of Appeals for the Federal Circuit agreed that the Patent Trial and Appeal Board (PTAB) did not err in its conclusions that a claim element reciting “means” did not invoke § 112 ¶ 6 and that the challenged claims...more

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