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  • Federal Circuit Clarifies That Section 112(f) Means-Plus-Function Analysis Of Software Limitations Must Consider Claimed Functions And Context
    08/04/2026
    On July 2, 2026, the United States Court of Appeals for the Federal Circuit (“CAFC”) issued a precedential opinion vacating and remanding a decision of the U.S. District Court for the District of Delaware holding claims of U.S. Patent No. 8,862,978 invalid for indefiniteness under 35 U.S.C. § 112(f).  TrackTime, LLC v. Amazon.com Services LLC, No. 2024-1102 (Fed. Cir. July 2, 2026).  In reaching its decision, the CAFC held that the district court failed to adequately consider whether the challenged software claim limitations, read in context, would have conveyed sufficient structure to a person of ordinary skill in the art before treating those limitations as means-plus-function limitations governed by Section 112(f).  The Federal Circuit separately affirmed the judgment regarding U.S. Patent No. 8,856,638, which had been found invalid and not infringed.