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· 10/23/2012

Flo Healthcare Solutions, LLC v. Patent and Trademark Office

Citations

  • 697 F.3d 1367
  • 104 U.S.P.Q. 2d (BNA) 1834
  • 2012 U.S. App. LEXIS 22081
  • 2012 WL 5200330

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that “height adjustment mechanism” imparts sufficient structure so that the presumption against applying § 112, ¶ 6 is not overcome
  • finding that claim term “height adjustment mechanism” designates “a class of structures that are generally understood to persons of skill in the art”
  • noting that “mechanism” is a generic term, but then looking to remaining claim language and written description before finding that the full claim limitation connoted structure
  • noting that “mechanism” is a generic term, but then looking to remaining claim language and written description before finding that the full claim limitation connoted structure
  • “Our cases make clear ... that the presumption flowing from the absence of the term ‘means' is a strong one that is not readily overcome.”
  • examining remaining claim language, written description, and external evidence

Source: CourtListener parenthetical corpus (CC0).

Judges: Newman, Plager, Wallach

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.