CBOE v. ISE, No. 07 C 623, Slip Op. (N.D. Ill. Mar. 6, 2013) (Lefkow, J.).
Judge Lefkow considered defendant ISE’s arguments that the Court’s construction of “means for matching” was incomplete because it did not define an algorithm as part of the structure for the means plus function term. The Court held that there was a fact question as to whether pro rata allegation “was” sufficiently simple that anyone skilled in programming could create a software program for the function . . .” The Court, therefore, decided to hear evidence before ruling.