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At Least One Said Index" Is Identical To "Said At Least One Index

Client Alert | 1 min read | 10.10.08

An amendment changing a software claim term from "said at least one index" to "at least one said index" does not broaden the scope of the claim, a Federal Circuit panel concludes in Predicate Logic, Inc. v. Distributive Software, Inc. (No. 2007-1539; October 9, 2008).

The amendment was one of two made by an Examiner during reexamination of the patent at issue. In a motion for summary judgment, the defendant, Distributive Software, Inc. argued that the subtle change in wording impermissibly enlarged the scope of the claim and thereby rendered the reexamined patent invalid under 35 U.S.C. § 305. After conducting a meticulous analysis that included a hypothetical example, the Federal Circuit determines that it "can imagine no conceivable process . . . that would infringe the amended claim but would not infringe the original claim." Applying this test, which is the same test used for reissue claims, the Court determines that the amended claim does not broaden the scope of the original claim and the district court's finding of invalidity is reversed.

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Client Alert | 3 min read | 03.28.24

UK Government Seeks to Loosen Third Party Litigation Funding Regulation

On 19 March 2024, the Government followed through on a promise from the Ministry of Justice to introduce draft legislation to reverse the effect of  R (on the application of PACCAR Inc & Ors) v Competition Appeal Tribunal & Ors [2023] UKSC 28.  The effect of this ruling was discussed in our prior alert and follow on commentary discussing its effect on group competition litigation and initial government reform proposals. Should the bill pass, agreements to provide third party funding to litigation or advocacy services in England will no longer be required to comply with the Damages-Based Agreements Regulations 2013 (“DBA Regulations”) to be enforceable....