specification examples : CAFC Alert

The Great IBM Escape

Michael Caridi | October 14, 2013

Tecsec, Inc. v. Int’l. Business Machines et al. (2012-1415)

October 2, 2013

Panel:  Moore, Linn, and Reyna.  Opinion by Linn.  Dissent by Reyna.

Summary

Following an earlier affirming of an Eastern District of Va. decision granting IBM Summary Judgment, TecSec stipulated that it could not prove infringement by the remaining defendants under the claim construction adopted during the IBM proceedings. Based on TecSec’s stipulation, the district court entered judgment of noninfringement as to the remaining defendants (a “who is who” of the server industry, including EBay, Cisco, Sun, Oracle, Paypal, Adobe and others).    The CAFC reversed, finding that the Mandate Rule and Collateral Estoppel did not apply to claim construction adopted during the IBM proceeding.  The CAFC then ruled on issues of claim construction and computer implemented means-plus-function terms, finding that the terms either were not means-plus-function under §112¶6 or that sufficient structure was presented in the specification in the form of three detailed examples.


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