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Federal Circuit Defines “By Means Of”
On Oct.14, 2014, a Federal Circuit panel made up of Judges Taranto and Hughes, and Chief Judge Prost, issued a unanimous opinion, authored by Chief Judge Prost, in Robert Bosch, LLC v. Snap-On Inc., Case No. 2014-1040. The panel upheld the district court's finding that all claims asserted by Bosch were invalid as indefinite, because they contained two means-plus-function limitations, but the specification failed to describe structures that would accomplish the same.
Bosch's patent at issue is directed to a diagnostic tester that determines whether the computerized control unit on a vehicle needs to be reprogrammed. The diagnostic tester contains a “program recognition device,” which recognizes a version of the diagnostic software loaded on the vehicle's control unit, and a “program loading device,” which loads the current version of the diagnostic software if it detects an out of date version.
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