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ARTICLE · 02 JULY 2015

The Federal Circuit Alters The Means-Plus-Function Analysis

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
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The Federal Circuit's recent en banc opinion in Williamson v. Citrix Online, LLC, 2015 U.S. App. LEXIS 10082, *2 may result in courts finding that more claims include "means-plus-function" claim elements...

United StatesIntellectual Property
Matthew Karambelas
Matthew Karambelas
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The Federal Circuit's recent en banc opinion in Williamson v. Citrix Online, LLC, 2015 U.S. App. LEXIS 10082, *2 (Fed. Cir. June 16, 2015) (Williamson II) may result in courts finding that more claims include "means-plus-function" claim elements, which could significantly affect the scope and validity of those claims.  As a result of Williamson II, the Federal Circuit has weakened the "presumption" that claim elements lacking the term "means" fall outside the means-plus-function analysis.

1. "Means-Plus-Function" Claim Elements

Means-plus-function claim elements are specifically authorized by the Patent Act, which provides that "[a]n element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof." 35 U.S.C. § 112(f) (previously 35 U.S.C. § 112, ¶ 6, prior to the America Invents Act).  The Patent Act also provides that a means-plus-function element

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