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

Federal Circuit IP Blog

Patent Invalidated for Failure to Disclose Algorithm for Means-Plus-Function Terms

June 05, 2015

Authored and Edited by Kevin D. Rodkey; Elizabeth D. Ferrill; Kathleen Daley

In Eon Corp. IP Holdings LLC v. AT&T Mobility LLC, No. 14-1392 (Fed. Cir. May 6, 2015), the Federal Circuit held that the asserted patent, U.S. Patent No. 5,663,757 (“the ’757 patent”), did not disclose an algorithm to provide structure for the means-plus-function claim terms.

EON alleged infringement by smartphone manufacturers and cellular telephone providers of the ’757 patent, which is directed to software for interactive TV features. The district court granted summary judgment of invalidity, finding that the asserted claims were indefinite. EON appealed. On appeal, the Federal Circuit affirmed, explaining that, for a means-plus-function claim term performed by software, the corresponding structure is the algorithm itself, which must be disclosed in the specification. The parties agreed that the ’757 patent did not disclose any algorithms.

The Court then rejected EON’s argument that the “Katz exception” applied, see In re Katz Interactive Call Processing Litig., 639 F.3d 1303 (Fed. Cir. 2011), which found that a general microprocessor can provide structure for means-plus-function terms, but “only to basic functions of a microprocessor.” All other computer-implemented means-plus-function terms require disclosure of an algorithm.

Because no algorithms were disclosed in the ’757 patent, the Court affirmed the district court’s finding of indefiniteness.

Tags

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

Contacts

Kevin D. Rodkey
Partner
Atlanta, GA
+1 404 653 6484
Email
Elizabeth D. Ferrill
Partner
Washington, DC
+1 202 408 4445
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. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.

Related Insights

Conference

Patent Litigation Europe 2027

January 18-20, 2027

Amsterdam

Panel Discussion

2026 Advanced Patent Law Institute

December 3-4, 2026

Stanford

Conference

IPBC Asia 2026

November 17-19, 2026

Tokyo

Conference

IAM Live: Trade Secret Strategy USA

November 1, 2026

San Jose

Conference

IAM Live: Navigating the UPC 2026

November 4, 2026

Paris

Conference

Life Sciences Patent Network North America Fall 2026

November 2-3, 2026

San Francisco

Conference

2026 ANA Masters of Advertising Law Conference

November 2-4, 2026

Huntington Beach

Conference

4th Global Patent Litigation FORUM

October 29, 2026

Munich

Conference

2026 EDTX Bench Bar Conference

October 28-30, 2026

Fort Worth

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