Law Profs Back Target's Full Fed. Circ. Bid Over Indefiniteness

By Adam Lidgett (May 17, 2022, 4:46 PM EDT) -- A group of nearly two dozen intellectual property law professors want the Federal Circuit to rethink a panel's decision to reverse U.S. District Judge Alan Albright's invalidation of two communications patents asserted against Target.

The scholars filed an amicus brief on Monday in support of Target's bid for en banc rehearing of a March panel finding that the Western District of Texas judge misclassified the nature of the claims.

Judge Albright had construed claim limitations in Dyfan LLC's patents as "means-plus-function," meaning they describe what the invention does, as opposed to how to accomplish that action. Unless there is something in another...

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