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Hybrid Theory

Mixed Apparatus and Method Claims in the Federal Jurisprudence

Brian Su

©2017. Published in Landslide, Vol. 9, No. 4, March/April 2017, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

Hybrids claims, which commingle apparatus elements and method steps, have long been held invalid yet continue to pose traps for unwary practitioners.1 In UltimatePointer, L.L.C. v. Nintendo Co. and its antecedents, the Federal Circuit highlighted nuances and pitfalls commonly associated with these claims.

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