Patent Case Watch

Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

E.D. Tex.

Touchcom Inc et al v. Dresser Inc., No. 2:04-cv-00246 (E.D. Tex. Dec. 5, 2005)

Granted
Summary Judgment Indefiniteness
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:04-cv-00246, Dkt. No. 215
Decided
December 5, 2005
Judge
T. John Ward, J.
Document
Memorandum Opinion and Order
Docket Entry
MEMORANDUM AND OPINION, ORDER Dresser's motion for summary judgment is granted. All other pending motions are denied as moot
Length
10 pages

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

The court grants the defendant’s motion for summary judgment for claim invalidity based on indefiniteness (#157) for the reasons expressed in this order. 1. Introduction. This patent infringement case presents issues of claim invalidity for indefiniteness bound up in issues of claim construction. The questions are whether certain software limitations are drafted according to 35 U.S.C. § 112 ¶ 6 and, if so, whether the specification discloses corresponding structure in the form of algorithms.

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