BofA, Wachovia Try To Axe DataTreasury Patent

Law360, New York (July 3, 2007, 12:00 AM EDT) -- In the contentious patent spat between check imaging company DataTreasury Corp. and a host of major banks, Bank of America and Wachovia are seeking a summary judgment that would toss another patent from the suit.

According to the two banks' Monday motion, the patent—U.S. Patent number 5,583,759—failed to meet the definiteness requirement, which says that in order for a plaintiff to use a means-plus-function software claim, a patent must provide descriptions of corresponding structures. The banks want the district judge in the case, David Folsom, to...
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