News & Analysis as of

Functionality 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

Winstead PC

Functional Features in Design Patents

Winstead PC on

The treatment of functional features in design patents was discussed in the recent Federal Circuit case for Sport Dimension, Inc. v. The Coleman Company, Inc., Case No. 15-1553 (Fed. Cir. 2016). The Court rejected the...more

Foley & Lardner LLP

Federal Circuit Holds Patentee to Functional Claim Language

Foley & Lardner LLP on

In Bayer Cropscience AG v. Dow AgroSciences LLC, the Federal Circuit upheld the district court’s claim construction that interpreted “2,4-D monooxygenase” in accordance with its established scientific meaning, even though...more

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