News & Analysis as of

Functionality Patent Trial and Appeal Board Patent Litigation

Vorys, Sater, Seymour and Pease LLP

The Precedent: Federal Circuit Clarifies Functionality Doctrine in CeramTec v. CoorsTek

In this edition of The Precedent, we outline the recent federal circuit decision in CeramTec v. CoorsTek. ...more

Mintz - Intellectual Property Viewpoints

PTAB Designates As Informative a Decision Instituting Post-Grant Review for a Design Patent Lacking Ornamentality

On June 11, 2020, the Patent Trial and Appeal Board (“PTAB”) designated as informative a July 26, 2019 institution decision granting post-grant review of a design patent for lacking ornamentality. In this ruling, the PTAB...more

Farella Braun + Martel LLP

Williamson Decision Will Encourage Patent Defendants to Challenge Software Claims

In Williamson v. Citrix Online, announced on June 16, the Court of Appeals for the Federal Circuit ruled in a partially en banc opinion that claims expressed in terms of functionality can be subject to statutory requirements...more

McDonnell Boehnen Hulbert & Berghoff LLP

Functional Claim Language – “Adapted To” and “Configured To” – Having Narrow Interpretations

Patent claim drafting is a challenging exercise that requires balancing potential infringement of the claim against the prior art. A patent practitioner may easily draft a claim of very narrow scope, but if such claim has a...more

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