Tuesday, October 04, 2005

District court reversed in JVW v. Interact

The case concerned US 4,494,754, entitled Apparatus for playing home video games. The patent claims no priority and has been cited in 42 US patents.

There was an issue with a means plus function claim. The CAFC found that the district court's second construction confused function with structure. Function must be determined before corresponding structure can be identified. [BBA v. Superior Nonwovens, 303 F.3d 1332; Cardiac Pacemakers v. St. Jude, 296 F.3d 1106]

The CAFC noted: we conclude that the patentee did not intend for the claims and the embodiments disclosed in the specification to be coextensive.


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