Posts Tagged: indefinite


Federal Circuit Puzzles Over Claim Construction Deference

The en banc Federal Circuit on September 13, 2013, heard oral argument on whether to overrule its en banc decision in Cybor Corp. v. FAS Technologies, Inc., 138 F.3d 1448 (…
By AIPLA
6 years ago 1

A Primer on Indefiniteness and Means-Plus-Function

The basic law relative to § 112, ¶6 explains that a decision on whether a claim is indefinite under § 112, ¶ 6 requires a determination of whether those skilled in the art would …
By Gene Quinn
8 years ago 3

Federal Circuit on Software Patents: Show Me the Algorithms

Earlier today the United States Court of Appeals for the Federal Circuit issued a decision in Noah Systems, Inc. v. Intuit, Inc. According to the Federal Circuit …
By Gene Quinn
8 years ago 13

CAFC Kills Means-Plus-Function in Software Patent

All of this might be confusing to a Judge who is unfamiliar with computers, but that is not the test, is it? The question is supposed to …
By Gene Quinn
8 years ago 13

Ordinary Plain Meaning: Defining Terms in a Patent Application

The question of whether a term is defined adequately is really a legal question, so the views and opinions of those who are not well versed in …
By Gene Quinn
8 years ago 25

CAFC Judge Plager Says Definiteness Requirement Needs Teeth

As I’ve said before, no one could rightly accuse me of being biased against patents. But, as I also pointed out in this article on Judge …
By Eric Guttag
10 years ago 1

CAFC Rules Claim Terms Must Be Construed in Context

The meaning of words often depends on the context in which they appear.  That principle is also true of terms which appear in patent claims.  In Ultimax …
By Eric Guttag
10 years ago 15