Results for Indefiniteness

Saso Golf, Inc. v. Nike, Inc.

Case Number: CLB0470

Date: 02.10.2020

When drafting, ensure claim terms are defined in the specification, even if applicant thinks they are generally known in the art. Also consider providing example calculations or measurements if included in claims. When litigating, ensure a party provides a counter argument to each argument presented, including expert testimony. Consider providing arguments in the alternative.

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Infinity Computer Products, Inc. v. Oki Data Americas, Inc.

Case Number: CLB0471

Date: 02.10.2021

Claims are indefinite if, read in light of the specification and the prosecution history, the claims fail to inform, with reasonable certainty, those skilled in the art about the scope of the invention. Use claim terms that are defined in the specification. Further, ensure that arguments during prosecution are not contradictory

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Rain Computing, Inc. vs. Samsung, Inc.

Case Number: CLB0472

Date: 03.02.2021

Claims may invoke § 112 ¶ 6 and be held indefinite if, read in light of the specification, the claims fail to provide sufficient structure for performing a function. In cases where the function is performed by a general purpose computer, an algorithm may be required to disclose how the computer performs to accomplish the function.

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