Posts Tagged: "Skky Inc. V. MindGeek"

Use of ‘Means’ with term that Designates Structure Does Not Invoke § 112 ¶ 6

MindGeek and Playboy filed an IPR petition. The Board determined that § 112 ¶ 6 did not apply because “‘wireless device means’ is not purely functional language, but rather is language that denotes structure.” In the alternative, Skky argued that the “wireless device means” term should be construed to require multiple processors or a specialized processor. The Board found Skky’s alternative argument unconvincing. The claims were held invalid in light of prior art that disclosed a “wireless device means,” specifically a cell phone. Skky appealed.