“When ‘determining whether software limitations like those at issue here recite sufficient structure, we can look beyond the initial ‘code’ or ‘application’ term to the functional language to see if a ...
Karen Potter Ph.D., Jeffrey Schmidt Ph.D. On March 18, 2024, the USPTO issued a memorandum to its Examiners reminding them of the resources and proper analysis for interpreting limitations under 35 ...
On January 23, 2024, the U.S. Court of Appeals for the Federal Circuit (“Federal Circuit”) issued its decision granting the USPTO’s request to remand Xencor’s appeal of the rejection of U.S. Patent ...
“Enfish indicates that the pendulum may be swinging too far against the practice of functional claiming at the expense of the policy behind this rule.” A single means claim is a claim with a single ...
The Federal Circuit's recent decision in Aristocrat Technologies will require software patent drafters to take more care to describe the algorithms covered by their software--or risk patent invalidity ...
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