What are the chances of overcoming the obviousness rejection of a patent claim having all of its elements disclosed in the prior art, albeit by multiple references? In the wake of KSR v. Teleflex, the odds of succeeding with suc…
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Software claims directed to a client-server system were held invalid as obvious under 35 U.S.C. § 103(a) based on the combination of a reference that qualified as prior art by having been on sale under 35 U.S.C. § 102(b), and re…
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The Federal Circuit has upheld a jury verdict invalidating patent claims covering a software product that the plaintiff had demonstrated and sold prior to filing a patent application. Leader Technologies, Inc. v. Facebook, Inc.,…
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A software patent means-plus-function claim is indefinite where the specification fails to disclose an algorithm that performs the recited function. The Federal Circuit has now held that where a means limitation is associated wi…
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A recent Eastern District of Texas opinion holds that a patent claim can recite a system that performs method steps without being indefinite under 35 U.S.C. § 112, ¶ 2. Oasis Research v. AT&T Corp, 2012 U.S. No. 4:10-CV-…
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