Dependent Claim is Not Invalid Under § 112 ¶ 4 Merely Because it Recites Only Structural Limitations of Independent Method Claim

The court denied defendant's motion for summary judgment of invalidity under 35 U.S.C. 112 ¶ 4. "[Defendant] has not cited any Federal Circuit case law in which the court invalidated a dependent claim under § 112 ¶ 4 because the dependent claim recited only structural limitations on the independent method claim. To the contrary, Federal Circuit authority indicates that such dependent claiming is permissible. . . . [T]he court finds that [defendant's] argument that [certain claims] are invalid under § 112 ¶ 4 because they only add structural limitations to a method claim lacks merit."

McDavid Knee Guard, Inc., et. al. v. Nike USA, Inc., 1-08-cv-06584 (ILND August 17, 2011, Order) (Holderman, J.)