Patent Invalidity for Indefiniteness When a Claim Recites Two Statutory Classes

A patent claim directed to a “computer readable medium encoded with computer program for performing contextual searches on an Internet Phone (IP) phone” was held invalid under 35 U.S.C. § 112, ¶ 2, as indefinite beca… Read More

Full Scope of Patent Claims Must Be Enabled at the Time of Filing

The headline of this post, a truism of patent law to be sure, is nicely illustrated by the Federal Circuit’s opinion in Convolve, Inc. v. Compaq Computer Corp., No. 2012-1074 (July 1, 2013). After an inventor admitted in tes… Read More

Fed. Cir. Affirms Invalidity Findings By E.D. Texas Jury

Claims from four patents were infringed, but invalid as anticipated and obvious, a jury in the Eastern District of Texas found. In an opinion by Chief Judge Rader, the Federal Circuit rejected the patent owner’s challenge to… Read More

Evidence Not Required to Rebut Presumption That Anticipatory Prior Art Is Enabled

The Federal Circuit has clarified a patent applicant’s burden to rebut the presumption that a prior art reference is enabling of allegedly anticipated claims. In re Morsa, No. 2012-1609 (Fed. Cir. April 5, 2013). The court t… Read More

Federal Circuit Reaffirms Software Means-Plus-Function Requirements

In keeping with other cases discussed by this blog addressing whether software “means” recited in patent claims have been adequately disclosed, the Federal Circuit recently affirmed a district court’s invalidatio… Read More

Means-Plus-Function Claims Indefinite Without Supporting Algorithm

If a claimed means requires programming to carry out a specified function, then a patent specification must disclose an algorithm to support the claimed means. Absent such disclosure, means-plus-function claim elements are indefin… Read More

"Substantially Centered" Not Indefinite in Patent Claim

The phrase “substantially centered” does not render a patent claim indefinite under 35 U.S.C. § 112, according to the court in the ongoing Apple-Samsung patent litigation. Apple, Inc. v. Samsung Elecs. Co., No.: 11-CV-01846-L… Read More

Federal Circuit Holds E-Commerce Claims Obvious

The Federal Circuit has held claims of three e-commerce patents invalid on grounds of obviousness. Soverain Software, LLC v. Newegg, Inc., No. 2011-1009 (Fed. Cir. Jan 22, 2013). The court, in an opinion authored by Judge Newman,… Read More

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

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