直 Japanese PDF Font
  • Our Professionals
  • Our Work
  • Our Insights
  • Offices
  • Firm
  • Careers
Finnegan
  • Articles & Books
    • Ad Law Buzz Blog
    • At the PTAB Blog
    • European IP Blog
    • Federal Circuit IP Blog
    • INCONTESTABLE® Blog
    • Prosecution First Blog
  • Events & Webinars
  • IP Updates
  • Podcasts
    • AI + Finnegan
    • AI + Copyright
    • AI + Patent
    • AI + Privacy
    • AI + Trade Secrets
    • AI + Trademark
  • Unified Patent Court (UPC) Hub

At the PTAB Blog

Indefiniteness Prevents SpaceX’s IPR From Taking Off

April 06, 2015

Authored and Edited by Anthony A. Hartmann; Jeffrey A. Berkowitz

The PTAB denied a petitioner’s request to institute an IPR in Space Exploration Technologies Corp. v. Blue Origin LLC, IPR 2014-01378, Paper 6 (March 3, 2015). As the claims were determined to be indefinite and, thus, not amendable to construction, the PTAB could not undertake the necessary factual inquiry to evaluate the proposed obviousness rejections.

The claims at issue are directed to systems for providing access to space comprising several means-plus-functions limitations including , inter alia, “means for igniting,” “means for shutting off,” and “means for reigniting” rocket engines. While the function of each limitation was “readily apparent,” the specification failed to disclose any structures that performed the recited functions. SpaceX acknowledged the lack of disclosure but urged the PTAB to construe the limitations as applying to any suitable structure. The PTAB declined, explaining that this was contrary to the rules of claim construction, particularly for mean-plus-function limitations. The PTAB concluded the claims were indefinite.

Accordingly, while indefiniteness cannot be raised as a basis for an IPR, it can be a basis for not instituting an IPR.

Tags

claim construction, indefiniteness (35 USC § 112), means-plus-function claim

Related Practices

Patent Office Invalidation Proceedings

PTAB Invalidation Proceedings: IPR and PGR

Contacts

Anthony A. Hartmann
Of Counsel
Washington, DC
+1 202 408 4275
Email
Jeffrey A. Berkowitz
Partner
Reston, VA
+1 571 203 2710
Email

Copyright © 2015 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP. 

DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. Additional disclaimer information. 

Related Insights

Conference

2027 ABA-IPL Section Annual Meeting – IPLSPRING

April 14-15, 2027

Arlington

Conference

Patent Litigation Europe 2027

January 18-20, 2027

Amsterdam

Conference

IP Life Sciences Forum 2026

December 13-15, 2026

Coral Gables

Conference

Licensing Executives Society Chinese Taipei – Annual Conference 2026

December 4, 2026

Taipei

Webinar

Data and Market Exclusivity: An Update on China’s New Law and Comparisons to the US and Europe

November 19, 2026

Webinar

Conference

Broad's 3rd Annual Biotech IP Summit

November 10, 2026

Cambridge

Conference

IAM Live: Trade Secret Strategy USA

November 10, 2026

San Jose

Seminar

U.S. Patent Litigation 2026: Key Developments, Strategic Trends, and Winning Before Trial

November 6, 2026

Taipei

Conference

2026 ANA Masters of Advertising Law Conference

November 2-4, 2026

Huntington Beach

Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.

  • Privacy
  • Disclaimer
  • Legal Notices
  • Fraud Alert
  • EEO Statement
  • Cookies
  • Contact Us

© 2026 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP