Interval Licensing LLC v. AOL, Inc.
Providing further elaboration on the "reasonable
certainty" standard in an indefiniteness analysis involving a
term of degree, the U.S. Court of Appeals for the Federal Circuit
affirmed a district court's ruling of indefiniteness, finding
that no objective indication of the claim scope was provided by the
patent. Interval Licensing LLC v. AOL, Inc. 766 F.3d
1364 (Fed. Cir., Sept. 10, 2014) (Chen, J.).
Interval Licensing (Interval) sued AOL, Apple, Google, and
Yahoo! for infringement of its patents directed to a system for
occupying the peripheral attention of a person in the vicinity of a
display device. The suit alleged that defendants
infringed the patents through products and software that use
"pop-up" notifications to present information to
users. The patents disclosed a system that "acquires
data from a content provider, schedules the display of the content
data, generates images from the content data, and then displays
