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ARTICLE · 12 JUNE 2008

Claims Are Indefinite Where The Corresponding Structure For A Means-Plus-Function Claim Merely Recites “Software”

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Finisar Corp. v. DirecTV Group, Inc., Nos. 07-1023, -1024 (Fed. Cir. Apr. 18, 2008), the Federal Circuit reversed the district court’s construction of one claim term, and therefore vacated the verdict of infringement, reversed the denial of anticipation as to one claim, and remanded for a new trial on infringement and invalidity of the remaining claims.

United StatesIntellectual Property
Jason Melvin
Jason Melvin
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In Finisar Corp. v. DirecTV Group, Inc., Nos. 07-1023, -1024 (Fed. Cir. Apr. 18, 2008), the Federal Circuit reversed the district court's construction of one claim term, and therefore vacated the verdict of infringement, reversed the denial of anticipation as to one claim, and remanded for a new trial on infringement and invalidity of the remaining claims.

Finisar Corporation ("Finisar") sued The DirecTV Group, Inc. and a number of related companies (collectively "DirecTV"), alleging infringement of U.S. Patent No. 5,404,505 ("the '505 patent"). The '505 patent claims systems and methods for broadcasting information from databases to subscribers. Rather than waiting for a subscriber's request, the claimed system determines the most popular requests and sends those programs to users at regular intervals. By arranging the database into a hierarchy of tiers according to popularity, the system may

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