United States Federal Circuit

In a dispute concerning a patent covering a handover in a cellular telephone network, the district court's denial of a motion for summary judgment of invalidity of claims is reversed, where the district court, based on its erroneous claim construction, erred when it held the claims indefinite for claiming an apparatus and method steps. However, the district court was correct to deny summary judgment on an alternative indefiniteness claim, because although the district court was wrong when it found that a processor and transceiver alone supplied sufficient structure, the appellant failed to preserve any attack on the algorithm that the patent holder asserted provided additional needed structure.

Appellate Information

• Decided 01/30/2012
• Published 01/30/2012

Judges

• O'Malley

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael A. Oblon, Mitchell G. Stockwell