Sep 6, 2022

Fresh From the Bench: Latest Federal Circuit Court Case

CASE OF THE WEEK

INVT SPE LLC v. Int’l Trade Comm’n, Appeal No. 2020-1903 (Fed. Cir. Aug. 31, 2022)

In its only precedential patent case last week, the Federal Circuit issued a lengthy opinion that revolved around claims that are drawn to “capability,” particularly for computer-implemented claims. The Court established that, for infringement purposes, a computer-implemented claim drawn to a functional capability requires some showing that the accused computer-implemented device is programmed or otherwise configured, without modification, to perform the claimed function when in operation. The Court affirmed that there was no infringement in this case because there was no evidence that the accused products will ever perform the particular function recited in the claims when put into operation.