Functional Claim Language In View of Recent CAFC Decisions

Author: Nicholas R. Mattingly The recent en banc opinion in Williamson v. Citrix (Fed. Cir. 2015) highlights the dangers of functional claiming in computer-implemented inventions.  On June 16, 2015, the Federal Circuit decided en banc to overrule precedent that characterizes as “strong” the presumption that that a limitation lacking the word “means” is not subject […]
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Biosig Instruments, Inc. v. Nautilus, Inc., Federal Circuit (2015)

On April 27, 2015, the CAFC decided (again) that the “spaced relationship” phrase “informs those skilled in the art about the scope of the invention with reasonable certainty.” Biosig’s claims that include that phrase comply with Section 112 ¶2. Claim 1 of U.S. Pat. No. 5,337,753 is representative and recites, in relevant part: 1. A […]
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Limelight Networks v. Akamai Technologies

On April 30th 2014, the Supreme Court of the United States heard oral arguments in Limelight Networks, Inc. v. Akamai Technologies, Inc.  In this case, the Supreme Court is deciding whether the Court of Appeals for the Federal Circuit erred in holding that a defendant may be held liable for inducing patent infringement under 35 […]
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