Posts Tagged: functionality


Seventh Circuit Clarifies When Utility Patents Can Be Used as Evidence of Functionality in Trade Dress Cases

On June 12, the U.S. Court of Appeals for the Seventh Circuit decided Bodum USA, Inc. v. A Top New Casting Inc., No. 18-3030, 2019 (7th Cir. June 12, 2019). …
By Nicole Wing & Daniel Shulman
2 months ago 2

China Court Delivers First Judgment in Favor of a Foreign Company Under Anti-Unfair Competition Law

British automaker Jaguar Land Rover (JLR) has been engaged in a multi-jurisdiction battle against Chinese automaker Jiangling Motors (Jiangling) over JLR’s assertions that Jiangling copied distinctive …
By Kristin Murphy
6 months ago 0

Federal Circuit Clarifies Standard for Indefiniteness of Mixed Subject Matter Claims

Because it is clear when infringement occurs, and the scope of the claims is reasonably certain, the Court reversed the judgment of invalidity due to indefiniteness... Claims …

Patent Drafting: Learning from common patent application mistakes

One of the biggest mistakes I see inventors make is they spend too much time talking about what the invention does and very little time explaining what …
By Gene Quinn
4 years ago 0

Avoiding Invocation of Functional Claim Language in Computer-Implemented Inventions

Functional claim language is increasingly being used by practitioners to capture the metes and bounds of an invention, especially in computer-implemented inventions. Sometimes using functional language in …
By Nicholas R. Mattingly
4 years ago 3