May 23, 2015
No Way For Means
The incompetence of the patent office was demonstrated with 5,663,757, which EON asserted against 17 defendants. '757 survived two reexaminations. Then the district court found the patent indefinite for eight different means claim elements relying upon a disclosure that had no means for meeting the means. The CAFC affirmed (2014-1392).
Fenner Investments sued Verizon Wireless for infringing 5,561,706, which claimed locating and tracking "personal identification numbers." Claim construction of "personal identification numbers" as being personal led to stipulation of non-infringement. Fenner insisted "personal identification numbers" meant device-specific, not personal, despite the specification stating "personal identification numbers are not associated with any particular communications unit or physical location but are associated with individual users," and arguing the same to overcome prior art during prosecution. A CAFC panel (2013-1640) affirmed.