Means plus function : CAFC Alert

More on Typhoon: Knowledge in the Art as a Factor in Determining Sufficiency of Corresponding Algorithm

Dennis Hubbs | January 4, 2012

Since the CAFC was relatively quiet last week due to the holidays, this week we revisit Typhoon, which we discussed in our post last week.  In the second half of this case, the CAFC continued their review of the district court’s claim interpretation.  The CAFC reviewed the MPF claim term “means for cross-referencing responses to said inquiries with possible responses from one of said libraries.”  The CAFC chose to emphasize a 1985 case, Shatterproof Glass, in indicating that the amount of detail required in the specification is related to the existing knowledge in the field of endeavor.

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Means-Plus-Function Claims – “Algorithm” can be expressed in any understandable terms including in prose

Kumiko Ide | December 28, 2011

Typhoon Touch Technologies, Inc. v. Dell, Inc. et al.

CAFC, November 4, 2011

Panel: Rader, Newman, Prost.  Opinion by Newman


The United States District Court for the Eastern District of Texas held the patents in suit invalid and not infringed.  On appeal, the CAFC affirmed the district court’s rulings concerning the claim terms “memory for storing,” “processor for executing,” “operating in conjunction,” and “keyboardless.”  However, CAFC reversed the district court’s ruling that the claim term “means for cross-referencing” is indefinite for failing to satisfy the requirements of 35 U.S.C. Section 112 ¶ 2.  CAFC disagreed with the district court and held that the term “means for cross-referencing” is supported by the “structure, materials, or acts” in the specification.


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