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Difficulty In Articulating Description Is Relevant To A Determination Of Indefiniteness

Client Alert | 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 | 4 min read | 03.04.26

Sixth Circuit Finds EFAA Arbitration Bar to Entire Case — Not Just Sexual Harassment Claims

The United States Court of Appeals for the Sixth Circuit held, in an issue of first impression for that court, that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (EFAA) renders an employer’s pre-dispute arbitration agreement unenforceable as to a plaintiff's entire lawsuit, whenever the lawsuit includes a viable sexual harassment claim....