November 2011 On November 4, 2011, in Typhoon Touch Technologies, Inc. v. Dell, Inc., No. 09-1589 (Fed. Cir. Nov. 4, 2011), the Federal Circuit reversed the district court’s invalidity ruling that means-plus-function claims referencing an algorithm are invalid because no algorithm is disclosed. The Court agreed with Typhoon Touch Technologies, Inc. that “the specification contains adequate algorithmic criteria, in conformity with precedent, to perform the computer-implemented function.” Slip op. at 15. In so doing, the Court reminded that a description of the function in words may disclose enough of an algorithm to provide the necessary structure under 35 U.S.C. § 112, ¶ 6.
Read the full summary of the Court’s decision in next month’s edition of Last Month at the Federal Circuit.
Looking Ahead
