Presentation is loading. Please wait.

Presentation is loading. Please wait.

©2008 Woodcock Washburn LLP Basic Claim Drafting in Computer Systems Lance D. Reich Partner Woodcock Washburn LLP Seattle, Washington.

Similar presentations


Presentation on theme: "©2008 Woodcock Washburn LLP Basic Claim Drafting in Computer Systems Lance D. Reich Partner Woodcock Washburn LLP Seattle, Washington."— Presentation transcript:

1 ©2008 Woodcock Washburn LLP Basic Claim Drafting in Computer Systems Lance D. Reich Partner Woodcock Washburn LLP Seattle, Washington

2 ©2008 Woodcock Washburn LLP Typical Computer System Architecture

3 ©2008 Woodcock Washburn LLP Typical Computer Architecture “A patentee can usually structure a claim to capture infringement by a single party.” BMC Resources Inc. v. Paymentech LP, 498 F.3d 1373, 1381 (Fed. Cir. 2007) The Very Basics 1.An Apparatus/Device 2.A System 3.A Method 4.A Computer Readable Medium (Signal) 5.Functional Language 6.Means-Plus-Function

4 ©2008 Woodcock Washburn LLP An Apparatus/Device

5 ©2008 Woodcock Washburn LLP An Apparatus/Device Amazon.com v. Barnesandnoble.com A client system for ordering an item comprising: an identifier that identifies a customer; a display component for displaying information identifying the item; a single-action ordering component that in response to performance of only a single action, sends a request to a server system to order the identified item, the request including the identifier so that the server system can locate additional information needed to complete the order and so that the server system can fulfill the generated order to complete purchase of the item; and a shopping cart ordering component that in response to performance of an add-to-shopping-cart action, sends a request to the server system to add the item to a shopping cart. A server system for generating an order comprising: a shopping cart ordering component; and a single-action ordering component including: a data storage medium storing information for a plurality of users; a receiving component for receiving requests to order an item, a request including an indication of one of the plurality of users, the request being sent in response to only a single action being performed; and an order placement component that retrieves from the data storage medium information for the indicated user and that uses the retrieved information to place an order for the indicated user for the item; and an order fulfillment component that completes a purchase of the item in accordance with the order placed by the single-action ordering component.

6 ©2008 Woodcock Washburn LLP A System

7 ©2008 Woodcock Washburn LLP A System NTP v RIM A system for transmitting originated information from one of a plurality of originating processors in an electronic mail system to at least one of a plurality of destination processors in the electronic mail system comprising: at least one gateway switch in the electronic mail system, one of the at least one gateway switch receiving the originated information and storing the originated information prior to transmission of the originated information to the at least one of the plurality of destination processors; a RF information transmission network for transmitting the originated information to at least one RF receiver which transfers the originated information to the at least one of the plurality of destination processors; at least one interface switch, one of the at least one interface switch connecting at least one of the at least one gateway switch to the RF information transmission network and transmitting the originated information received from the gateway switch to the RF information transmission network; and wherein the originated information is transmitted to the one interface switch by the one gateway switch in response to an address of the one interface switch added to the originated information at the one of the plurality of originating processors or by the electronic mail system and the originated information is transmitted from the one interface switch to the RF information transmission network with an address of the at least one of the plurality of destination processors to receive the originated information added at the originating processor, or by either the electronic mail system or the one interface switch; and the electronic mail system transmits other originated information from one of the plurality of originating processors in the electronic mail system to at least one of the plurality of destination processors in the electronic mail system through a wireline without transmission using the RF information transmission network.

8 ©2008 Woodcock Washburn LLP A Method

9 ©2008 Woodcock Washburn LLP A Method Amazon.com v. Barnesandnoble.com Method to the whole system A method of placing an order for an item comprising: under control of a client system, displaying information identifying the item; and in response to only a single action being performed, sending a request to order the item along with an identifier of a purchaser of the item to a server system; under control of a single-action ordering component of the server system, receiving the request; retrieving additional information previously stored for the purchaser identified by the identifier in the received request; and generating an order to purchase the requested item for the purchaser identified by the identifier in the received request using the retrieved additional information; and fulfilling the generated order to complete purchase of the item whereby the item is ordered without using a shopping cart ordering model.

10 ©2008 Woodcock Washburn LLP A Method NTP v RIM A method for transmitting originated information from one of a plurality of originating processors in an electronic mail system to at least one of a plurality of destination processors in the electronic mail system comprising: transmitting the originated information originating from the one of the plurality of originating processors to a gateway switch within the electronic mail system; transmitting the originated information from the gateway switch to an interface switch; transmitting the originated information received from the gateway switch from the interface switch to a RF information transmission network; transmitting the originated information by using the RF information transmission network to at least one RF receiver which transfers the originated information to the at least one of the plurality of destination processors; and transmitting other originated information with the electronic mail system from one of the plurality originating processors in the electronic mail system to at least one of the plurality of destination processors in the electronic mail system through a wireline without transmission using the RF information transmission network; and wherein the originated information is transmitted to the interface switch by the gateway switch in response to an address of the interface switch which has been added to the originated information at the one of the plurality of originating processors or by the electronic mail system and the originated information is transmitted from the interface switch to the RF information transmission network with an address of the at least one of the plurality of destination processors to receive the originated information which has been added at the originating processor or by either the electronic mail system or the interface switch.

11 ©2008 Woodcock Washburn LLP A Computer Readable Medium (Signal)

12 ©2008 Woodcock Washburn LLP A Computer Readable Medium (Signal) “An article of manufacture comprising: a computer useable medium having a computer readable program code embodied therein…” In re Beauregard, 53 F.3d 1583 (Fed. Cir. 1995). IN RE PETRUS A.C.M. NUIJTEN (Fed. Cir. 2007), cert. den. “A signal with embedded supplemental data, the signal being encoded in accordance with a given encoding process and selected samples of the signal representing the supplemental data, and at least one of the samples preceding the selected samples is different from the sample corresponding to the given encoding process.”

13 ©2008 Woodcock Washburn LLP Functional Language An electronic financial transaction system for executing financial transactions, the transactions being characterized by a transaction type and a plurality of transaction parameters, the system comprising: a central controller; a communications network; a terminal device selectively connectable to the central controller through the communications network, the terminal device comprising: a processor; a display connected to the processor; an input mechanism for providing input to the processor; the system further comprising means for storing user defined transaction information, the transaction information comprising at least one of user defined transactions and user defined transaction parameters; the processor causing the display to display on a single screen stored transaction information; the input mechanism enabling a user to use the displayed transaction information to execute a financial transaction or to enter selections to specify one or more transaction parameters. IPXL Holdings, LLC v. Amazon.com, Inc. (Fed. Cir. 2005)

14 ©2008 Woodcock Washburn LLP Functional Language 1. More likely to invoke §112,¶6 2. May get parties you don’t intend to 3.Problems with definiteness

15 ©2008 Woodcock Washburn LLP Functional Language BMC Resources Inc. v. Paymentech LP, 498 F.3d 1373 (Fed. Cir. 2007) A method of paying bills using a telecommunications network line connectable to at least one remote payment card network via a payee’s agent’s system wherein a caller begins session using a telecommunications network line to initiate a spontaneous payment transaction to payee, the method comprising the steps of: prompting the caller to enter a payment number from one or more choices of credit or debit forms of payment; prompting the caller to enter a payment amount for the payment transaction; accessing a remote payment network associated with the entered payment number, the accessed remote payment network determining, during the session, whether sufficient available credit or funds exist in an account associated with the payment number to complete the payment transaction, and upon a determination that sufficient available credit or funds exist in the associated account, charging the entered payment amount against the account with the entered payment number, adding the entered payment amount to an account associated with the entered account number, and storing the account number, payment number and payment amount in a transaction file of the system.

16 ©2008 Woodcock Washburn LLP Functional Language On Demand Machine Corp. v. Ingram Indus. Inc. (Fed. Cir. 2006) A method of high speed manufacture of a single copy of a book comprising the steps of: storing the text of a plurality of books in a computer, storing a plurality of covers for books to be printed in said computer, said covers being stored in a bit mapped format, storing sales information relating to said plurality of books in a computer, providing means for a customer to scan said sales information, enabling the customer to select which book or a portion of a plurality of books, commanding a computer to print the text of said selected books and a cover in response to said selection, retrieving the text of said selected books from a computer, printing the text of said selected books on paper pages, and binding said paper pages together to form said selected one of said books.

17 ©2008 Woodcock Washburn LLP Means-Plus-Function A gaming machine having: display means arranged to display a plurality of symbols in a display format having an array of n rows and m columns of symbol positions, game control means arranged to control images displayed on the display means…. Aristocrat Technologies Australia (ATA) v. International Gaming Technology (IGT) (2007-1419) A “computer-implemented means-plus-function term is limited to the corresponding structure disclosed in the specification and equivalents thereof, and the corresponding structure is the algorithm.” Harris Corp. v. Ericsson Inc., 417 F.3d 1241, 1253 (Fed. Cir. 2005).

18 ©2008 Woodcock Washburn LLP Thank you Lance D. Reich lreich@woodcock.com (206) 332-1392


Download ppt "©2008 Woodcock Washburn LLP Basic Claim Drafting in Computer Systems Lance D. Reich Partner Woodcock Washburn LLP Seattle, Washington."

Similar presentations


Ads by Google