The Federal Circuit on Claim Construction and Indefiniteness

In the recent case Intellectual Ventures I LLC v. T-Mobile USA, Inc., the Federal Circuit overturned a district court’s claim construction for reading in a limitation and upheld the district court’s invalidation for indefiniteness for including a subjective term. Claim Construction Intellectual Venturesis a patent assertion entity with an extensive portfolio, from agriculture and construction to nanotechnology and—relevant here—communications. This case began with IV suing wireless carrier T-Mobilein the District of Delaware, one of the busiest patent venues, for infringing U.S. Patent No. 6,640,248. The ’248 patent covers a way of allocating bandwidth for software applications to transmit over a packet-switched network, such as the internet. The claims are directed to a resource allocator that divvies out bandwidth according to which application is making the request. Here is claim 1: 1. An application aware, quality of service (QoS) sensitive,…

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