Strategies for Functional Patent Claims

The Federal Circuit’s decision to weaken the presumption against interpreting patent claims under 35 U.S.C. § 112(f) (or 112, sixth paragraph), in Williamson v. Citrix Online, LLC, in 2015, highlighted the challenges that functional claiming has faced in recent years.  At the AIPLA’s 2017 Annual meeting, I was part of a panel talking about these challenges.  The basic takeaway?  Functional claiming can be impossible to avoid, so embrace it.  Here are links to my presentation on functional claiming strategies and the accompanying paper providing background into the law of Section 112(f), which provide more detail.

Upcoming Webinar

The November B2 IP Webinar is being presented by Thomas Bejin, member of Bejin Bieneman, who will provide an update on recent case law and developments associated with willful patent infringement. Mr. Bejin will discuss best practices when considerin…Register

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