Typhoon Touch Tech., Inc. v. Dell, Inc., No. 09-1589 (Fed. Cir. 2011)Annotate this Case
The patents at issue are titled "Portable Computer with Touch Screen and Computer System Employing Same." The district court held that the patents were invalid and not infringed by defendants, manufacturers or sellers of laptop and tablet computers and handheld devices. The Federal Circuit affirmed rulings concerning the claim terms "memory for storing," "processor for executing," "operating in conjunction," and "keyboardless," supporting the judgment of noninfringement. The court reversed the judgment of invalidity on the ground of claim indefiniteness, which was based on the use of the term “means for cross referencing;” that term is in the statutory form authorized by 35 U.S.C. 112, whose purpose is to allow claiming of an element of an apparatus or a step of a method in terms of the function performed by that element or step.
The court issued a subsequent related opinion or order on November 9, 2011.