INDACON, INC. v. FACEBOOK, INC. (Fed. Cir. 2016) (P) – Claim differentiation does not apply where the claims are not otherwise identical in scope

The doctrine of claim differentiation does not apply where the claims are not otherwise identical in scope. Here, for example, while certain claims clearly distinguished between “instances” of text strings and “all instances” of the text strings, the claimed invention...

PROFECTUS TECHNOLOGY LLC v. HUAWEI TECHNOLOGIES CO., LTD. (Fed. Cir. 2016) (P) – Claim language that “is tailored to, characterizes, and delimits” a claim element is intrinsic requirement

Claim language that “is tailored to, characterizes, and delimits” a claim element may be interpreted as an intrinsic requirement of that element rather than expressing a mere possibility. Here, for example, specifying that the claimed picture frame / display is...

U.S. ETHERNET INNOVATIONS v. ACER, INC. (Fed. Cir. 2016) (NP) – There must be a nexus between the claim language and teachings purported to define the claimed invention

There must generally be a nexus between the claim language and any teachings in the specification purported to define the claimed invention. Here, for example, the scope of the claimed “buffer memory” was found to be broader than the full-frame buffers described in...

GENETIC TECHNOLOGIES LIMITED v. MERIAL L.L.C. (Fed. Cir. 2016) (P) – Combining conventional implementation of a law of nature with a mental process step is not patent eligible

Diagnostic and therapeutic method claims that combine routine and conventional physical implementation of a law of nature with a simple mental process step are not patent eligible. Here, for example, analyzing non-coding regions of a person’s genome to detect coding...