Patent Claims Indefinite: No Structure Supports Recited Software Means

The Federal Circuit has held patent claims indefinite under 35 U.S.C. § 112 where the claims recited “means for processing,” but the patent specification failed to disclose any structure that performed the recited means. Eplu… Read More

Medical Screening Method Claims Invalid, Federal Circuit Says

Patent claims directed to a method for using screening markers to determine the risk of Down’s syndrome are invalid under 35 U.S.C. § 101, the Federal Circuit has held. In Perkinelmer, Inc. v. Intema Ltd., No. 2011-1577 (Fe… Read More

Director Kappos Comments on Software Patents

United States Patent and Trademark Office Director Kappos recently gave a speech about software patents to the Center for American Progress, a Washington think tank. Director Kappos squarely addressed the question “should we tre… Read More

When Must Joint Patent Infringement Be Plead?

After Yahoo argued that the plaintiff should be required to meet the standard for pleading divided, or joint, patent infringement, a Delaware magistrate judge has recommended denying Yahoo’s motion to dismiss the plaintiff&#… Read More

BMC and Muniauction Still Require a Single Actor for Direct Infringement

The Federal Circuit has refused to find direct patent infringement where a single party did not carry out, or at least control, all acts alleged to constitute infringement.  Voter Verified, Inc. v. Premier Election Solutions, Inc… Read More