Tag Archives: infringement

No Concrete Plans, No Standing: Federal Circuit’s Latest on IPR Appeals

August 18, 2024PatentAIA Trials, Article III, Case-or-Controversy, Constitutional Law, Dismissal with Prejudice, Federal Circuit, infringement, IPR, judicial review, Kessler Doctrine, obviousness, paid, patent litigation, standingDennis Crouch

by Dennis Crouch

The recent Federal Circuit decision in Platinum Optics v. Viavi Solutions focuses attention once again on the case-and-controversy requirement derived from Article III of the U.S. Constitution, which extends federal judicial power to "Cases" and "Controversies."

The seemingly simple phrase has been the subject of extensive judicial jockeying in the development of the doctrine we know as "standing."

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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 I had skipped a write-up of the non-precedential decision, but now Impact Engine has petitioned for en banc review, arguing that

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