Tag Archives: en banc petition

Means-Plus-Function Claims in Patent Eligibility and Infringement Analyses

August 7, 2024Patent112(f), Abstract Idea, Claim Construction, en banc petition, Google, infringement, means-plus-function, paid, patent eligibility, software, software patentsDennis Crouch

by Dennis Crouch

Means-plus-function claims have generally been disfavored because of the tendency of courts to either (1) narrowly construe their scope when corresponding structure is detailed in the specification or (2) render them invalid as indefinite when the specification lacks sufficient corresponding structure. If Impact Engine's petition is well received, there is a good chance that this historically popular claim style will see a revival.

The Federal Circuit's recent decision in Impact Engine v. Google has again raised the issue of over the proper treatment of MPF, this time regarding patent eligibility and infringement analyses. Appeal No. 22-2291 (Fed. Cir. July 3, 2024). I had skipped a write-up of the non-precedential decision, but now Impact Engine has petitioned for en banc review, arguing that

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Degrees of Disagreement: Google Petitions En Banc on Smart Thermostat Patent Damages

July 29, 2024Patentapportionment, comparable licenses, Damages, Daubert, EcoFactor, en banc petition, Expert Testimony, Google, paid, smart thermostatsDennis Crouch

by Dennis Crouch

Google recently petitioned for en banc review a Federal Circuit split decision in EcoFactor v. Google. The case focuses on when a damages expert testimony satisfies Daubert. The original opinion also highlights an interesting debate regarding the appeal of pre-trial eligibility rulings.

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