Welcome! We are proud to present our new and exciting website.  Our new website features a design aimed at giving the user the best experience, while making information easy to find and simple to read.  As can be seen, the top navigation bar will direct you easily to all we have to offer.  We have also added a news page to keep our visitors up to date on new developments in intellectual property law.  The new Fiala & Weaver website journey has just begun.  We hope you are as excited as we are.  If you have any comments or feedback, please leave… Read more »

In this case, the issue of “what standard for indefiniteness should the U.S. Patent and Trademark Office (“USPTO”) apply to pre-issuance claims” was raised.  The Patent Trial and Appeal Board (“Board”) had held that the applied-for patent claims of Mr. Packard were indefinite, and therefore not in compliance with the statutory drafting requirements of 35 U.S.C. § 112(b), which provide that the specification conclude with “one or more claims particularly pointing out and distinctly claiming” the subject matter of the invention.”  The Federal Circuit affirmed the rejection of Mr. Packard’s claims. Representative claims 28, 29, and 34 are shown below:… Read more »

Note that occasionally, we will post a “Case Law Rewind” article.  These articles revisit decisions that may have issued some time ago, but we felt were important enough to revisit for discussion on our News page. In CyberSource, with regard to an Internet commerce patent, the Fed. Circuit invalidated both a method claim and the “Beauregard claim” that was directed to a computer readable medium (CRM) containing program instructions to carry out the method. The method was directed to detecting fraudulent credit card purchases made using the internet to, e.g., detect that multiple card numbers had been used to make purchases… Read more »