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.