Category: General
Section 112, Paragraph 6 – Means Claim and Litigation to Specific Algorithm
Published in the Pace University Law Review, Todd Oberdick describes inconsistencies caused by attempting to apply traditional claim construction doctrines to the claims of computer and business method patents. He points out how clear it is that the two paragraphs are becoming increasingly important in patent litigations, and care must […]
Read More“Swatting the Y2K Bug: A Survey of Patented Solutions to the Year 2000 Problem”
An article written by Rich Basile and published in the The Journal of Proprietary Rights, Vol. 11, No. 9 provides those responsible for correcting Y2K problems in computer systems with a number of patents which may create new problems of patent infringement. The potential erroneous results generated by computers that […]
Read MoreOnly Obvious Variations Infringe
Wes Whitmyer explains in The Journal of Patent and Trademark Office Society, Volume 80, No. 9 why practitioners should consider the Federal Circuit’s recent use of §112 before rendering advice in any patent matter. He suggests patent litigators carefully compare an accused product to the patent specification and examine the […]
Read MoreThe Patent and Trademark Office’s Refusal to Follow In Re Bond
The Patent and Trademark Office (PTO) announced its official decision to ignore Court of Appeals for the Federal Circuit precedent requiring it to apply the last paragraph of 35 U.S.C. §112 to patentability determinations of means-plus-function claims. This paper briefly explores the legal legitimacy of the PTO’s decisions and briefly […]
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