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Method vs. Apparatus and Software Claims

April 2011 - OSBA Intellectual Property Newsletter
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In a case that highlights why apparatus and storage medium claims may be more desirable than method claims, the federal circuit held that an accused product capable of performing the claimed functionality of asserted system and computer readable medium claims infringed those claims even though claimed functionality was “locked out.”1 The method claims, however, were not infringed.  Read more...