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Lack of Algorithm in Specification Renders Means-Plus-Function Claim Indefinite

The Eastern District of Texas held that the only asserted claim of U.S. Patent No. 6,452,515 was indefinite because “the term ‘[means] for encoding these labels in a random order’” (alterations in original) invokes 35 USC § 112 ¶ 6, and “the specification of the ‘515 Patent does not disclose an algorithm for performing the encoding function required by this limitation.” Uniloc 2017 LLC v. Google LLC, No. 18-cv-00501-JRG-RSP (E.D.Tex. May 1, 2020). The asserted claim from the ‘515 Patent, claim 1, is reproduced here: 1. A video encoder for processing a sequence of animated pictures, said encoder comprising:      means for dividing a screen window occupied by said sequence into X rows and Y columns;      means for separately encoding each one of the X·Y parts of each picture of the sequence thus obtained; and      means for associating, to each of said parts, a specific label indicating a…

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§ 112 Indefiniteness for Mixing Claims to Apparatus and Method

Claims in a patent directed to medical diagnostics were indefinite under 35 U.S.C. §112(b) and Nautilus, Inc. v. Biosign Instruments, Inc. (S. Ct. 2014), said a court in granting summary judgment of invalidity. Lecat’s Ventriloscope v. MT Tool and Manufacturing, No. 1-16-cv-05298 (N.D. Ill. Nov. 20, 2018). Claim 1 of U.S. Patent No. 7,645,141 seems to recite an apparatus, but note the emphasized language: 1. An arrangement for auscultation training, comprising: a signal generator capable of generating an audio signal representing at least one sound, the signal generator being controlled by a human operator, wherein the human operator plays one or more appropriate audio files according to a user’s placement of a stethoscope headpiece on a patient; a transmitter associated with the device for transmitting an audio signal corresponding to the at least one sound; an auscultation device, comprising a stethoscope, remote from the transmitter, the auscultation device comprising: a receiver adapted to receive…

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