IBORMEITH IP, LLC v. MERCEDES-BENZ USA (Fed. Cir. 2013) (P) – Generic computer algorithms supporting means-plus-function structure

by Steve Driskill | Oct 22, 2013 | [sub] corresponding structure, Means Plus Function

“A description of an algorithm that places no limitations on how values are calculated, combined, or weighted is insufficient to make the bounds of the claim understandable.” Background / Facts: The patent being asserted here is directed to the monitoring of...

TECSEC, INC. v. INTL BUSINESS MACHINES (Fed. Cir. 2013) (P) – Means-plus-function invocation based on the specificity of the recited function

by Steve Driskill | Oct 2, 2013 | [sub] invocation, Means Plus Function

The sufficient structure inquiry focuses on whether the claim recites sufficient structure to perform “the functions in question.” The more generic the function, the more generic the specific structure sufficient to perform it can be. In addition, it should be noted...

BENNETT MARINE, INC. v. LENCO MARINE, INC. (Fed. Cir. 2013) (NP) – Black box structure for means-plus-function elements

by Steve Driskill | Sep 19, 2013 | [sub] corresponding structure, Means Plus Function

In general, a generic black box diagram will not be sufficient to impart broad corresponding structure to a means-plus-function element. This is especially true if it encompasses all elements capable of performing the recited function (e.g., a box simply labeled with...

BRUCE SAFFRAN v. JOHNSON & JOHNSON (Fed. Cir. 2013) (P) – Prosecution history estoppel & means-plus-function structure breadth

by Steve Driskill | Apr 4, 2013 | [sub] corresponding structure, [sub] prosecution history, Estoppel / Disclaimer, Means Plus Function

(1) In terms of prosecution history estoppel, although a prosecution disclaimer requires “clear and unambiguous disavowal of claim scope,” the court has recognized that “applicants rarely submit affirmative disclaimers along the lines of ‘I hereby disclaim the...

POWER INTEGRATIONS, INC. v. FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC. (Fed. Cir. 2013) (P) – Invoking means plus function

by Steve Driskill | Mar 26, 2013 | [sub] invocation, Means Plus Function

Use of the word “circuit” generally connotes structure and avoids a usually undesirable means-plus-function construction, especially when accompanied by adjectival qualification or functional language describing its operation (e.g., a “soft start” circuit that...

FUNCTION MEDIA v. GOOGLE (Fed. Cir. 2013) (P) – Computer-implemented means-plus-function structure

by Steve Driskill | Feb 13, 2013 | [sub] corresponding structure, Means Plus Function

This is another example of the perils of using means-plus-function claiming, especially for computer-implemented inventions. The specification must detail “how” a means element is implemented, and that “how” for software is the algorithm that transforms the...