District Of Delaware Determines “Translator Device” Limitations Are Subject To Means-Plus-Function Strictures And Invalidates Claims As Indefinite
On September 10, 2021, Judge Richard G. Andrews of the U.S. District Court for the District of Delaware issued a Memorandum Opinion on claim construction. Peloton Interactive, Inc. v. ICON Health & Fitness, Inc., No. 20-662-RGA, slip. op. (D. Del. Sept. 10, 2021). Judge Andrews held that certain claims of the asserted patent containing “translator device…” limitations were invalid as indefinite under 35 U.S.C. § 112 ¶ 6 because they failed to disclose corresponding structure for the claimed function.
Federal Circuit Affirms Post-Grant Review Decision Finding Claims Indefinite
On September 9, 2021, the Court of Appeals for the Federal Circuit (CAFC) affirmed the decision of the Patent Trial and Appeal Board in a post-grant review proceeding construing the claim term “pressure control assembly” as a means-plus-function limitation and finding the challenged claims indefinite for lack of corresponding structure. Team Worldwide Corp. v. Intex Recreation Corp., __ F.3d __ (Fed. Cir. Sept. 9, 2021)
Federal Circuit Holds “User Identification Module” Is A Means-Plus-Function Term And Invalid As Indefinite For Failing To Disclose Corresponding Structure
On March 2, 2021, the Court of Appeals for the Federal Circuit (CAFC) issued an opinion reversing the district court’s conclusion that a claim was not invalid as indefinite. Rain Computing, Inc. v. Samsung Elecs., Am., Inc., __ F.3d __ (Fed. Cir. Mar. 2, 2021). The CAFC held that the claim term, “user identification module,” was a means-plus-function limitation under 35 U.S.C. § 112 ¶ 6, and invalid as indefinite for failure to disclose corresponding structure (here, an algorithm).
Federal Circuit Vacates And Remands PTAB’s Obviousness Finding Predicated On Incorrect Claim Construction
On August 12, 2019, the Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion vacating and remanding the obviousness finding of the U.S. Patent and Trademark Office’s Patent Trial and Appeal Board (“PTAB”). MTD Products Inc. v. Iancu, __ F.3d __ (Fed. Cir. Aug. 12, 2019). The CAFC ruled that the PTAB’s claim construction on which its obviousness finding was premised was incorrect because the construction conflated corresponding structure in the patent’s specification with a structural definition for the term, instead of construing the term as a means-plus-function term under 35 U.S.C. § 112, ¶ 6.