Unindexed Internet Content Can Be a “Printed Publication” under 35 U.S.C. § 102(b)

Unindexed Internet content can be a “printed publication” under 35 U.S.C. § 102(b), the Federal Circuit has held.  Voter Verified, Inc. v. Premier Election Solutions, Inc., Nos. 2011-1553, 2012-1017, 2011-1559, 2012-1016 (… Read More

Software Means-Plus-Function Claims Held Indefinite

Software patent claims were held indefinite under 35 U.S.C. § 112 where the patent specification failed to provide any algorithm for performing the recited function.  Ibormeith IP, LLC v. Mercedes-Benz USA, LLC, No. 10-5378 (D.… Read More

What is the Pleading Standard for Invalidity Counterclaims?

Bare-bones counterclaims alleging invalidity of patents-in-suit were held sufficient to survive a motion to dismiss under Fed. R. Civ. P. 12(b)(6) and 8(a).  Helferich Patent Licensing, LLC v. J.C. Penney Corporation, Inc., No. 1… Read More

Functional Language Renders Claims Indefinite

Patent claims broadly reciting functions of a “controller” are indefinite under 35 U.S.C. § 112, second paragraph, according to the court in Markem-Imaje Corp. v. Zipher, Ltd., Civil No. 07-cv-00006-PB (D. N.H. Aug. 9, 2012).… Read More

Prior Art Publications Are Presumed to Be Enabling

The presumption that a prior art reference is enabled applies to printed publications in addition to patents, the Federal Circuit has explained in In re Antor Media Corp., No. 2011-1465 (Fed. Cir. July 27, 2012).  Further, the Fe… Read More