Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Getting to Know Means-Plus-Function Claims: Does 'Means' Always Mean 'Means'?
Means-plus-function claims are a controversial part of claim drafting. On one hand, patent practitioners face the dilemma of whether or not to use such claims in an application, as they may narrow the scope of the patent protection through their dependence on what is described in the specification. On the other hand, such claims may be a complete, simple and elegant way to claim an invention that uses various types of a certain limitation, as in the software field. If a patent practitioner does decide to use means-plus-function claims, he or she should be aware that using the term “means” does not always mean that the claim is a means-plus-function claim. Likewise, the lack of the term “means” does not always mean that a claim is not in means-plus-function form, as exemplified in the recent case law discussed below.
The statutory basis for means-plus-function claims is found in 35 U.S.C. '112, ' 6 which provides the following:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
Before drafting the claims, it is useful to have an understanding of what terminology the Federal Circuit considers to be in means-plus-function form. In construing claims that include a means-plus-function limitation, a court will first identify the claimed function and then the corresponding structure in the specification for performing the claimed function. But before doing so, the court must determine whether the particular limitation is in fact a means-plus-function limitation and it is in that determination where things can become unpredictable.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.