CAFC的新判決
Finisar v. DirecTV (Fed. Cir. 2008) [This is Part II of the case discussion. Read Part I]
在馬克曼聽證後和claim construction後，決議係爭專利(US5,404,505)中所使用手段功能用語撰寫的專利是invalid的(claims 1, 2, 7, 9, 10, 11, and 37)，地方法院判DirecTV仍侵害剩下七項claim並判賠7900萬美金。
Frinsar向CAFC請求推翻invalid claim，最後以means plus function需要特定結構來支持所駁回。
Patently-O的評論：
In this case, the claimed means and functions were software related. A number of CAFC cases have required that software means-plus-function claims provide more structural disclosure than just a general purpose computer. Rather, the disclosure must be “the special purpose computer programmed to perform the disclosed algorithm.” WMS Gaming; See also Aristocrat. The CAFC sees its structure requirement as quite minimal and easy to satisfy. Here, however, the complete lack of structure leaves the claims so vague that “one of skill simply cannot perceive the bounds of the invention.”
另外參考一下係爭專利的claim：
1. An information transmission system comprising:
a set of one or more computer memory devices on which is stored an information
database;
database editing means, coupled to said one or more computer memory devices,
for generating a hierarchically arranged set of indices for referencing data in
said information database, including distinct indices for referencing distinct
portions thereof, and for embedding said indices in said information database;
a transmission scheduler for scheduling transmission of selected portions of
said information database, including assigning each selected portion of said
information database one or more scheduled transmission times;
a transmitter, coupled to said transmission scheduler and said one or more
computer memory devices, for transmitting a stream of data packets containing
said selected portions of said information database in accordance with said
scheduled transmission times;
said transmission scheduler dividing said selected portions of said information
database into a prioritized set of tiers, wherein all the selected portions of
said information database in each tier are transmitted at a corresponding
repetition rate, wherein the repetition rate for higher priority tiers is
higher than the repetition rate for lower priority tiers; and
subscriber stations that receive said transmitted stream of data packets, each
subscriber station including a data filter that stores filter data
corresponding to a subset of said indices, said filter data specifying a set of
requested data packets which comprising a subset of said transmitted data
packets, and that downloads into a memory storage device those of said received
data packets which match said specified set of requested data packets.
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