Summary: CAFC affirmed district court’s finding that claims were indefinite and therefore invalid.

Case: Triton Tech of Texas, LLC, v. Nintendo of America, Inc., No. 2013-1476 (Fed. Cir. June 13, 2014) (precedential). On appeal from W.D. Wash. Before Moore, Reyna, and Hughes.

Procedural Posture: Plaintiff-patentee appealed final judgment of invalidity. CAFC affirmed.

  • Indefiniteness: The district court correctly determined that means-plus-function claims were indefinite because the specification did not disclose an algorithm for performing the claimed integrating function of the “integrator means.” The disclosure of “numerical integration” did not suffice because it did not include a step-by-step procedure for performing the claimed function and therefore was not an algorithm.
  • Waiver: The patentee’s argument that the claims were not indefinite because the patent discloses a two-step algorithm was waived because the argument was not presented to the district court.

Nathaniel DeLucia