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August 11, 2014

Unscripted

In ScriptPro v Innovation Associations, the district court rightly granted summary judgment of invalidity for 6,910,601 under 35 U.S.C. § 112(a) because the claims left out sensors that were disclosed as essential, and otherwise the claimed invention simply could not work. Ignoring the facts particular to the technology, the CAFC reversed (2013-1561), blithely stating that "it is common, and often permissible, for particular claims to pick out a subset of the full range of described features, omitting others."

Posted by Patent Hawk at August 11, 2014 12:17 AM | § 112