Williamson v. Citrix Online, LLC – Federal Circuit Overrules Precedent That There is a “Strong” Presumption That Claim Language Lacking the Word “Means” Is Not Subject to 35 U.S.C. 112 6.

Fitzpatrick Case Update
June 17, 2015

On June 16, 2015, the Federal Circuit, in affirming the invalidity of certain patent claims as indefinite under 35 U.S.C. § 112 ¶ 2, revised the law on construing means-plus-function claim limitations under 35 U.S.C. § 112 ¶ 6, and provided guidance on what disclosure must be provided in the patent specification for performing the claimed functions. The decision is of particular significance because Part II.C.1 of this opinion, regarding the standard for means-plus-function claim limitations, was considered and decided by the Court en banc, with the opinion of the Court being written by Judge Linn. Judge Newman wrote a dissenting opinion regarding Part II.C.1.

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