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If You Mean Capable, Say It

23 January 2006

New York Law Journal
In a recent decision involving an issue of first impression for the Federal Circuit, the court in IPXL Holdings, L.L.C. v. Amazon.com, Inc. affirmed a decision finding a patent claim invalid for indefiniteness because the claim combined an apparatus and a method of using the apparatus in the same claim. This article addresses some lessons and implications arising from the Federal Circuit’s opinion on this mixed claim issue.
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