Diebold Nixdorf, Inc. v. ITC On August 15, 2018, the Federal Circuit reversed an ITC finding that Diebold violated § 337 of the Tariff Act, ruling instead that the asserted patent was invalid for indefiniteness.  In particular, the court found that the claim term “cheque standby unit” was a means-plus-function term for which the specification failed to provide sufficient supporting structure.  The court stated that the specification only provided function and location of the “cheque standby unit.”  The court further found that the patentee’s expert witness provided an “unsupported, and largely unhelpful, opinion” for opining that a “cheque standby unit” will be understood by skilled artisans to be made of “well-known components for holding cheques in a standby configuration pending user confirmation of the deposit.”  The court found the expert testimony to only further define “cheque standby unit” in terms of function.