Calypso Wireless (fka CLYW)

[Visnusahasranama]

To infringe a claim that recites capability and not actual operation, an accused device ‘need only be capable of operating’ in the described mode.

An accused device may be found to infringe a product claim “if it is reasonably capable of satisfying the claim limitations, even though it may also be capable of non-infringing modes of operation.”

Good Read

Patent claims to functional constructs (including software) are often written to require,
not actual steps or operational features, but that a system or device be capable of performing
those steps or providing those features. Are capability claims valid? What do they cover? Are
they a good idea?

https://www.law.stanford.edu/sites/default/files/event/266396/media/slspublic/Panel%201%20-%20Mark%20Lemley,%20et%20al%20-%20Capability%20Claiming.pdf