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International Trade Commission CAFC Decision

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Today the United States Court of Appeals for the Federal Circuit (CAFC) decided INVT SPE LLC, v. ITC and HTC America and HTC Corp. (Intervenors).

The holding is interesting in that the Court found that a computer-implemented claim cannot be infringed without some showing that the computer-implemented device is programmed to perform the claimed function when in operation. Here is the holding:

We affirm the Commission’s determination that there was no section 337 violation with respect to the ’439 patent because INVT failed to show infringement and the existence of domestic industry. We agree with INVT’s argument on appeal that the asserted ’439 claims are drawn to “capability.” However, we disagree with INVT on infringement. For infringement purposes, a computer-implemented claim drawn to a functional capability requires some showing that the accused computer-implemented device is programmed or otherwise configured, without modification, to perform the claimed function when in operation. We affirm the noninfringement finding in this case because INVT failed to introduce any evidence to establish that the accused devices, when put into operation, will ever perform the particular functions recited in the asserted claims. We find the Commission’s determination with respect to the ’590 patent moot based on the patent’s expiration, and thus vacate and remand as to that patent.

See the decision at:

https://cafc.uscourts.gov/opinions-orders/20-1903.OPINION.8-31-2022_1997811.pdf

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