LAIPLALAIPLA
LAIPLALAIPLA
  • About
    • About LAIPLA
    • Ambassador Outreach Program
    • Board of Directors
    • Committees
    • Administration
    • Member Firms and Companies
    • Past Presidents
    • Recent Past Presidents
    • Public Service Award
    • Diversity Fellowship
    • Bylaws
  • Events
  • Membership
  • Sponsorship
  • Contact
  • About
    • About LAIPLA
    • Ambassador Outreach Program
    • Board of Directors
    • Committees
    • Administration
    • Member Firms and Companies
    • Past Presidents
    • Recent Past Presidents
    • Public Service Award
    • Diversity Fellowship
    • Bylaws
  • Events
  • Membership
  • Sponsorship
  • Contact

The Critical Second Step in a “Means”-Defined Infringement Analysis

September 1, 2016| in Wegner's Writings| by Hal Wegner

Today in VocalTag Ltd.v. Agis Automatisering B.V., __Fed. App’x __ (Fed. Cir. Sept. 1, 2016)(Stoll, J.), following long-standing precedent, the panel affirmed a conclusion of noninfringement of a “means”-defined claim element where the patentee had failed to present evidence of the second step of an infringement analysis:

All too often, “means”-defined terminology is utilized by the patent draftsman who only focuses on the equivalent function, without full appreciation of the second step, that to establish that an equivalent to a “means”-defined element requires that the patentee “show that the accused device has the same or equivalent structure as the corresponding structure disclosed in the specification.”

The pdf version of this note includes an excerpt from the opinion.

VocalTagSept1

Regards,
Hal

IP Blog Categories

  • Announcements
  • Events
  • LAIPLA News
  • The TTABlog
  • Uncategorized
  • Wegner's Top 10
  • Wegner's Writings

Archives

Previous

PTO Examiner Hours Abuse: Explosive OIG Internal Investigation

Next

August 21st Letter to Hon. Michelle K. Lee (con’d): Response her Office


Since 1934, LAIPLA has been educating and connecting members of the local intellectual property legal community

Pages

About 
Events
Membership
Sponsorship
Contact
Privacy Policy

Search
Contact

LAIPLA
1621 W 25th Street
Box 633
San Pedro, CA 90732
Phone: (323) 285-1654
Fax: ( 310) 878-0517
Email: office@laipla.net

© 2025 Los Angeles Intellectual Property Law Association. All Rights Reserved | Website design by Arclight Digital.