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Difficulty In Articulating Description Is Relevant To A Determination Of Indefiniteness

Client Alert | less than 1 min read | 06.12.06

In Xerox Corp. v. 3Com Corp , (No. 04-1470), the Federal Circuit reverses in part, vacates in part and remands the district court's summary judgment of invalidity of U.S. Patent No. 5,596,656 (“the ‘656 patent'). Xerox brought suit against 3COM alleging infringement of the ‘656 patent by the “Graffiti” system used in 3Com's PalmPilot devices. The Federal Circuit, which had previously remanded this case on two separate occasions, finds that the district court erred in concluding the term “sloppiness space” is insolubly ambiguous and thereby invalid. The specification, although not considered as providing a rigorously precise description, is deemed nonetheless to provide adequate guidance, “particularly in light of the difficulty in articulating a more exact standard for the concept.”

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Client Alert | 7 min read | 06.24.26

DOJ’s National Security Division Announces First Declination Under New Corporate Enforcement Policy With Parallel BIS Settlement

On June 17, 2026, the U.S. Department of Justice’s (DOJ( National Security Division (NSD) announced that it had issued a declination for Robert Bosch GmbH (Bosch) relating to potential violations of the Export Control Reform Act, 50 U.S.C. § 4819 (ECRA). Specifically, the DOJ declined to criminally prosecute Bosch’s violations of the Export Administration Regulations’ (EAR) Foreign Direct Product Rule (FDPR), which apparently resulted from two Bosch subsidiaries’ export of products and software manufactured with equipment that was the direct product of U.S. software or technology to Huawei Technologies Co., Ltd. and its “Entity List” affiliates, including Huawei Tech. Investment Co., Ltd., Hong Kong (collectively, Huawei). The same day, the U.S. Department of Commerce Bureau of Industry and Security (BIS) announced a parallel civil administrative settlement with Bosch....

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