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June 16, 2014


Times have changed.
Some of us who were around in 1993 when the patent in question was written will likely recall being told at very expensive seminars taught by some of the best in the business that M+F claims were the broadest way to claim something.
Times have changed.

The specification did disclose a two-step algorithm. The fatal mistake was not making an argument for this algorithm in the lower court.

It may not have been a mistake - the patentee might have decided that claims limited to that algorithm would not have been infringed, and that they had to argue for a broader scope.

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