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Federal Circuit Holds Means Plus Function Claim Invalid For Failure to Disclose An Algorithm in the Specification

In AUGME TECHNOLOGIES, INC.  v. YAHOO! INC., the Federal Circuit held that a means-plus-function claim was invalid based on the specification’s failure to disclose an algorithm.  The court stated: “It is undisputed that ‘means for assembling’ is a computer-implemented means-plus-function limitation. . . We affirm the district court’s conclusion of indefiniteness because the ‘691 patent does not disclose any algorithm for assembling the second computer readable code module”.  You can access the decision here: http://www.cafc.uscourts.gov/images/stories/opinions-orders/13-1121.Opinion.6-18-2014.1.PDF

Payam Moradian and Jacob Zodieru

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