"Unlike in Dyfan, where the expert's testimony that the term 'code' / 'application' connoted software structure to a POSA was unrebutted, here, neither expert testified that the payment-handler terms connoted structure."
The U.S. Court of Appeals for the Federal Circuit upheld a district court ruling against Fintiv, invalidating their patents for a mobile wallet payment system. The court determined that the 'payment handler terms' in the patent claims were indefinite and constituted 'means-plus-function' terms that lacked adequate corresponding structural disclosure. With the presumption against applying Section 112, paragraph 6 due to the absence of 'means,' the court emphasized the requirement for demonstrable structure linked to the claimed functions to meet patent validity standards.
Read at IPWatchdog.com | Patents & Intellectual Property Law
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