By Jason Rantanen Media Rights Technologies, Inc. v. Capital One Financial Corporation (Fed. Cir. 2015) Download opinionPanel: O’Malley (author), Plager and Taranto Earlier this summer, the Federal Circuit issued a revised opinion in Williamson v. Citrix Online. The centerpiece of the new opinion was Part II.C.1, joined by a majority of the entire court. That section overruled past precedent holding that non-use of the words “means” or “step” in a claim created a “strong” presumption that § 112, para. 6 does not apply, one that is only overcome by “a showing that the limitation essentially is devoid of anything that can be construed as structure.” Instead, the en banc court held, the presumption can be overcome “if the challenger demonstrates that the claim term fails to ‘recite sufficiently definite structure’ or else recites ‘function without reciting sufficient structure for…
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