Dyfan, LLC v. Target Corp.

 
APPEAL NO.
21-1725
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Stoll

Question(s) Presented

“For claims that recite computer software for performing functions, what are the criteria for determining whether software-implemented functional claim language is subject to 112(6)?”

a. “Can the Court ignore parts of the recited software-implemented function, or ignore such function entirely, in making the determination as to whether the claim recites sufficiently definite structure?”

b. “If no, and if the software-implemented function cannot be performed by a general-purpose computer without special programming:

i. “[C]an 112(6) be avoided by claiming a general-purpose computer term (such as code or program or processor) and a software-implemented result, if a person of ordinary skill in the art would understand how to write a program to achieve this result; or”

ii. “[I]s the claim required to recite an algorithm to achieve the software-implemented result to avoid the application of 112(6)?”

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