Extract to table

This determination has significant implications for both the infringement and validity analyses and must be addressed as part of the claim construction briefing and preparation for the Markman hearing

The means-plus-function issue for the two identified limitations must be addressed in that filing and in the parties' identification of terms to be construed

§ 112(f) Section 112(f) of Title 35 of the United States Code (formerly § 112, ¶ 6, prior to the Leahy-Smith America Invents Act's renumbering) provides: An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof

First, the specification must disclose structure that performs the claimed function, and that structure must be clearly linked to the functional limitation

A mere general reference to structure that could perform the function is insufficient; the specification must make the connection between the function and the specific structure explicit or readily apparent

Preliminary review suggests that the accused products may employ an edge-coupling arrangement, but the specific geometry and mode-field-diameter conversion approach must be compared to the '847 Patent's disclosed structure