September 8, 2014

Federal Circuit Decisions for Week Ending September 5, 2014

Buysafe, Inc. v. Google, Inc., No. 2013-1575 (September 3, 2014) (precedential) (2-0) Patent No. 7,644,019

Key point(s):

  • Claims to a method of providing a performance guarantee in respect of a contractual relation that merely recite use of a computer are patent ineligible subject matter.

Epos Techs., Ltd. v. Pegasus Techs., Ltd., No. 2013-1330 (September 5, 2014) (precedential) (2-0), Patent Nos. 6,266,051; 6,326,565; 6,392,330; 6,501,461; 6,724,371; 6,841,742.

Key point(s):

  • Claim construction cannot import limitations into the claims when the specification teaches that such limitations need not be present, nor can claim construction read out preferred embodiments.
  • Analysis under the doctrine of equivalents cannot be replaced by a “shortcut” analysis that identifies a “binary choice” with regard to a limitation.

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