[FYI] Bookmarks not covered by patent

["Axel H Horns" <horns@t-online.de>]

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From:           	"lizzio-bednarek" <lizzio-bednarek@erols.com>
To:             	"IP News" <mbednarek@cromor.com>
Subject:        	IP News from Mike Bednarek
Date sent:      	Wed, 22 Dec 1999 21:04:06 -0500

INTERNET BROWSER "BOOKMARK" FEATURES DO NOT INFRINGE BROADLY-WORDED
1984 PATENT CLAIMS

Wang Laboratories, Inc. v. America Online, Inc.

The Court of Appeals for the Federal Circuit (CAFC) has upheld a
summary judgment of no infringement of a patent granted to Wang in
1984 for an online information system used with a system known as
"videotex." Wang asserted the patent covers the "bookmark" feature of
Internet browsers of America Online (AOL) and Netscape Communications
Corp.  The CAFC held that the term "frame" in the claims is limited to
a "character-based" protocol described in Wang's patent specification
for displaying information, and does not cover the "bit-mapped"
protocols used for most Internet interactions today. Wang argued the
character-based protocol was simply the "preferred embodiment," which
does not set the boundary of the claims. In rejecting that argument,
the CAFC looked to the content of the specification, the prosecution
history, and testimony that Wang was unable to develop a bit-mapped
embodiment and the protocols do not operate in substantially the same
way.  This decision is consistent with a recent trend to interpret
claims narrowly, particularly with regard to patents that are asserted
against electronic commerce.


* * * * * *
Michael Bednarek is a partner in the firm of Crowell & Moring. He is
listed in Euromoney's  Guide to the World's leading Patent Law
Experts" and in Euromoney's "Guide to the World's Leading Trademark
Law Practitioners."

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