Federal Circuit Reiterates Importance of Identifying A Disclosed Algorithm When Challenging Computer-Implemented Means-Plus-Function Claims in the PTAB

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The Court of Appeals for the Federal Circuit in IPCom GmbH & Co. v. HTC Corp. has confirmed the importance of properly construing computer-implemented means-plus-function (“MPF”) terms in claims under challenge at the PTAB. In particular, such claim terms are limited to the algorithm disclosed in the specification as corresponding to the claimed function. Future petitioners challenging such claims in the PTAB should keep this case in mind when drafting petitions.

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