Monday, October 3, 2011

Means Plus Function Claim Reciting "Receiving . . . Caller Cues" Not Indefinite For Failure to Disclose Corresponding Algorithm

The court denied defendant's motion for summary judgment that plaintiff's call processing patent was indefinite because it failed to disclose an algorithm. "[T]he Federal Circuit clarified when an algorithm is required for a means plus function limitation (whose corresponding structure is a general purpose processor). The Court said that algorithms are not required when the recited function does not require a special purpose computer. Thus, for simple functions like 'processing,' 'receiving,' and 'storing,' the specification did not need to disclose an algorithm. . . . Here, the recited function is simply receiving a form of data, namely cues."

Ronald A. Katz Technology Licensing L.P. v. Comcast Corporation, et. al., 2-07-cv-06996 (CACD September 29, 2011, Order) (Klausner, J.)

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