October 29, 2013

Federal Circuit Decisions for Week Ending October 25, 2013

Ibormeith IP, LLC v. Mercedes-Benz USA, LLC, No. 2013-1007 (October 22, 2013) (precedential) (3-0) U.S. Patent No. 6,313,749

Key points:

  • To satisfy the software structure requirement of a means plus function limitation, a disclosed description of an algorithm must place sufficient limitations on how values are calculated, combined, or weighted to make the bounds of the claims understandable.
  • In a means-plus-function context, a patentee’s statements on how broad a disclosure is to be read are binding admissions.

Victor Manuel Celorio Garrido v. Bob Holt, No. 2013-1194 (October 22, 2013) (nonprecedential) (3-0) U.S. Patent No. 6,213,703

Key points:

  • On appeal, the Federal Circuit will not decide a case on a legal theory directly contrary to that advanced by an appellant at trial.
  • Arguments before the Board that are raised for the first time in a reply brief are waived; such arguments must be raised in the opening brief.
  • Mere disagreement between parties is not evidence of misconduct.

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