The Vast Middle Ground of Hybrid Functional Claim Elements

by Dennis Crouch In Robert Bosch v. Snap-On (Fed. Cir. 2014), the Federal Circuit has held that two different claim elements “lack sufficiently definite structure” that must be interpreted under 35 U.S.C. 112(f) as means-plus-function elements and, because corresponding structures were not sufficiently disclosed in the patent document (as required by 112(f)), the associated claims were held invalid as indefinite.  Here the […]
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How is Patent Litigation like Baseball?

By Jason Rantanen I’m a moderately-dedicated baseball fan*, so I’ve been listening** to quite a few baseball games over the past few weeks.  And as I’ve been listening to the games, it’s struck me that in many ways, patent litigation is a lot like a baseball game well beyond the Cubs reference.  Both are a […]
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Another Prosecution Bar Case, but With a Twist

As I’ve pointed out elsewhere here, the adoption of the AIA has created various issues for existing prosecution bars: if you are using a pre-AIA form, consider whether it applies to the new post-grant proceedings.  Courts are splitting on whether bars that don’t mention them can, or should, apply.  My article on the broad topic […]
Read the full story here: Patently-O » Patent

No Means

Robert Bosch sued Snap-On for infringing

6,782,313, which claims a motor vehicle diagnostic tester. Alas, the tester
had no specification support for a testing device. The courts found
insufficiency under 35 U.S.C. § 112, ¶ 6, even though there was no explicit
“means for” element.  Another stupid patent assertion with another stupid
patent bites dust. (CAFC

2014-1040). But then,
Bosch is a German company, and their nickel-slick lawyers got paid

Read the full story here: Patent Prospector

Pressing Matters: Inserting Indow Windows for Energy Efficiency

Indow Windows (Indow) is a Portland, Oregon, company that has developed energy efficient window inserts. Indow owns at least one U.S. Patent and a pending patent application covering its storm window technology.  U.S. Patent No. 8,272,178 (’178 Patent) is entitled “Press-fit storm window” and directed to a storm window assembly comprising a transparent panel and tubes [...]
Read the full story here: Green Patent Blog®

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