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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.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.