Functional Claiming Trends In Post-Williamson Courts

Law360 (May 31, 2019, 1:24 PM EDT) -- On Tuesday and Wednesday, the Senate Judiciary Subcommittee on Intellectual Property will hear testimony on proposed changes to Sections 101 and 112 of the Patent Act. In particular, these changes would amend § 101 to “favor eligibility” and § 112(f) to codify the functional-claiming standard announced by the Federal Circuit in its 2015 Williamson v. Citrix decision.[1] If enacted, these changes stand to decrease the frequency of invalidity challenges under § 101, while increasing the frequency of invalidity and noninfringement challenges under § 112.

With these changes potentially afoot, it’s a good time to ask: What’s been the impact of Williamson’s functional-claiming standard on § 112(f) jurisprudence?...

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