News & Analysis as of

Functionality Appeals Claim Construction

Sterne, Kessler, Goldstein & Fox P.L.L.C.

2024 Design Patents Year in Review: Analysis & Trends: District Court Design Patent Cases: A Busy Year of Case Filings

2024 was another busy year for district court decisions! There were multiple jury trials, case-dispositive design patent decisions, and claim construction decisions across a range of venues and at a range of case postures. We...more

McDermott Will & Emery

When Can Same Claim Limitation Have Different Meanings? When It’s Functional, Of Course

McDermott Will & Emery on

Addressing for the first time whether a functional limitation must carry the same meaning in all claims, the US Court of Appeals for the Federal Circuit determined that it need not, vacating a district court decision to the...more

Morgan Lewis

Federal Circuit Reverses Claim Construction of Design Patent That Ignored Functional Elements

Morgan Lewis on

Applicants for design patents should consider claiming functional aspects of their designs in addition to the purely ornamental elements as part of their claiming strategy to achieve the broadest protection for their designs....more

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