ALJ Shaw Denies Respondents’ Motion For Summary Determination Of Invalidity In Certain Microprocessors (337-TA-781)
On August 6, 2012, ALJ David P. Shaw issued Order No. 48 in Certain Microprocessors, Components Thereof, and Products Containing Same (Inv. No. 337-TA-781).
According to the order, Respondents filed a motion for summary determination of invalidity of certain claims of U.S. Patent Nos. 7,733,621, 7,916,444, and 8,023,241, arguing that the asserted claims are indefinite under 35 U.S.C. § 112, ¶ 2 because the way in which the word “portion” is used in the claims renders them insolubly ambiguous. ALJ Shaw denied Respondents’ request, finding that summary determination is not appropriate because outstanding factual questions remain regarding how a person of ordinary skill in the art would understand and interpret the term “portions.”