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ARTICLE · 28 OCTOBER 2016

Point Of Novelty Enters Indefiniteness Analysis

The Federal Circuit reversed.

United StatesIntellectual Property

Cox Communications, Inc. v. Sprint Communication Co., Case No. 16-1013 (Fed. Cir., Sept. 23, 2016) (Prost, CJ) (Newman, J, dissenting).

Sprint sued Cox for patent infringement, asserting several patents directed to developments in voice-over-IP technology. Among the claims that Sprint asserted were method claims where certain steps of the method were performed using a "processing system." Cox moved for partial summary judgment on the ground that the claim term "processing system" was indefinite. The district court granted Cox's motion, finding the claims indefinite because they functionally described the structural "processing system" limitation. Sprint appealed.

The Federal Circuit reversed. The parties had previously agreed that the term "processing system" was not a means-plus-function term, so the Court analyzed whether "processing system" rendered the claims indefinite under the Nautilus v. Biosig Instruments framework ( IP Update, Vol. 17, No. 6). The Court

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