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Intellectual Property Law
: Delaware IP Law BlogJudge Robreno: Motion for Summary Judgment GRANTED after claim construction order found claim invalid under means plus function analysis
By Karen E. Keller, Andrew A. Lundgren et al.
On August 4, 2010, Judge Robreno granted defendants' motion for summary judgment. In his June claim construction order, Judge Robreno found that certain claims were indefinite under 35 U.S.C. § 112, ¶ 6, because the means-plus-function claims did not receite sufficient structure. As such, "the claims, and by extension the patents-in-suit, are indefinite as a matter of law[,]" thereby warranting a grant of defendants' motion for summary judgment. Inventio AG v. ThyssenKrupp Elevator Am. Corp., C.A. 08-874-ER, at n.1 (D. Del. Aug. 4, 2010).
Inventio AG v. ThyssenKrupp Elevator Am. Corp., C.A. 08-874-ER (D. Del. Aug. 4, 2010)
Full post as published by Delaware IP Law Blog on August 09, 2010 (boomark / email).
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