Computer-implemented “control means” requires description of step-by-step algorithm even if not key feature of claimed invention
| April 4, 2012
Ergo Licensing, LLC v. Carefusion 303, Inc.
March 26, 2012
Panel: Newman, Linn and Moore. Opinion by Moore. Dissent by Newman.
Summary
Another reminder that under US patent law, a “means-plus-function” element recited in a patent claim covers only the corresponding structures described in the specification and their equivalents. If insufficient or no corresponding structures are described in the specification, the claim is invalid as indefinite. The rule is strictly applied even if the functional element is only a peripheral aspect of the invention. Here, the patent claims were directed to a multichannel drug infusion system. A “control means” was recited (for controlling the motor that adjusts the drug dosage). The Federal Circuit affirms the invalidity of the claims. The specification disclosed a “control device,” but no “step-by-step process.” Since the recited function could not be performed by a general computer without special programming, disclosure of an algorithm was required to avoid “pure functional claiming.”
Tags: algorithm > computer > indefiniteness > means-plus-function
The Patent Court revisits IPXL doctrine regarding prohibition on hybrid claiming
| February 29, 2012
HTC Corporation v. IPCom GmbH & Co.
January 30, 2012
Panel: Bryson, Linn and O’Malley. Opinion by O’Malley.
Summary
HTC Corporation and HTC America, Inc. sued IPCom GmbH & Co., KG seeking a declaration that it did not infringe claims of IPCom patents. IPCom counterclaimed alleging infringement. HTC moved for summary judgment of invalidity on the ground that claims 1 and 18 of U.S. Patent No. 6,879,830 owned by IPCom were indefinite because (1) they claimed both an apparatus and method steps; and (2) the means-plus-function limitation “arrangement for reactivating,” found in the last paragraph of claims 1 and 18, was indefinite because the patent failed to disclose structure corresponding to the claimed function. On summary judgment, the district court agreed with HTC that claims 1 and 18 were indefinite based on the Federal Circuit’s precedent in IPXL Holdings, L.L.C. v. Amazon.com, Inc prohibiting hybrid claiming of apparatus and method steps in the same claim, but rejected HTC’s argument that the claims were indefinite for failing to disclose the structure corresponding to the means-plus-function limitation. On appeal, the Federal Circuit reversed the district court’s judgment of invalidity based on hybrid claiming, but did not disturb the district court’s finding regarding the means-plus-function limitation. The Federal Circuit held that the district court misconstrued the asserted claims and that the patent did not describe any improper hybrid claiming of apparatus and method steps in the same claim because the claims, when properly construed, were drawn to only an apparatus and the prohibition on hybrid claiming under IPXL was inapplicable to claims 1 and 18.
Read More/続きを読む
Tags: claim construction > hybrid claiming > indefiniteness > means-plus-function > preamble-within-a-preamble
