Monday, September 19, 2011

Use of the Terms "Charger" "Recharger" and "Connector" Do Not Render Claim Indefinite

The court granted defendant's motion for summary judgment that its portable computer patent was not invalid as indefinite. "[Plaintiff] argues '[c]laim 3 fails for indefiniteness and for lack of enablement and written description,' and that claim 9 fails similarly. [Plaintiff], however, has no apparent difficulty in understanding the term 'recharger' as used in its invalidity argument . . . Chargers/rechargers were as ubiquitous at the time of the [patent-in-suit] application as they are now, and the dictionary defines both as devices for charging storage batteries. Claim 3 is not indefinite merely because the recharger is only shown in a single figure, sans the recharger connector. '[A]n applicant is not required to describe in the specification every conceivable and possible future embodiment of his invention.'"

Intermec Technologies Corp. v. Palm Inc., 1-07-cv-00272 (DED September 15, 2011, Order) (Robinson, J.)

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