Apparatus claims held not indefinite and free of method-of-use limitations
Toshiba Corp. v. Juniper Networks, Inc., No. 03-1035-SLR, June 28, 2006.
Robinson, J. Defendant’s motion for partial summary judgment of invalidity is denied.
The technology of the patents at issue relates to data networks used to transmit data in the form of digital information with a focus on signaling between network nodes in order to establish paths through which data travels. Defendant alleges certain claims of two patents are invalid pursuant to 35 U.S.C. §112, 2 because they are “apparatus claims that improperly include method-of-use limitations.” The court found that none of the claims insert the method-of-use language into an apparatus claim, there was no clear and convincing evidence of indefiniteness, and denied the motion.
Robinson, J. Defendant’s motion for partial summary judgment of invalidity is denied.
The technology of the patents at issue relates to data networks used to transmit data in the form of digital information with a focus on signaling between network nodes in order to establish paths through which data travels. Defendant alleges certain claims of two patents are invalid pursuant to 35 U.S.C. §112, 2 because they are “apparatus claims that improperly include method-of-use limitations.” The court found that none of the claims insert the method-of-use language into an apparatus claim, there was no clear and convincing evidence of indefiniteness, and denied the motion.
