In Source Search Technologies v. LendingTree, the Court of Appeals for the Federal Circuit ("CAFC") vacated the United States District Court of New Jersey's grant of summary judgment that U.S. Patent No. 5,758,328 ("the '328 patent"), a system for matching buyers and vendors over a network like the internet, was infringed but invalid. The CAFC affirmed the grant of summary judgment for the findings that the claims were not indefinite and that LendingTree's website offered "goods and services" as contemplated by the '328 patent but remanded the case for further fact finding on the infringement and validity issues. (more...)
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BPAI Reverses Examiner’s Rejection But Finds New Grounds For Rejection Where Applicant Fails To Provide a Structure For Means-Plus-Functions Claims
In Ex Parte Rodriguez, the Board of Patent Appeals and Interferences ("BPAI") reversed the patent Examiner's rejection of U.S. Patent Ser. No. 132492 entitled "Automated random verification of complex and structurally-variable systems." However, using its authority under 37 C.F.R. § 41.50(b), the BPAI entered new grounds for the rejection, specifically a lack of definiteness for failing to provide a structure for performing the functions in the broad claims. (more...)
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