Paragon V. Timex: Functional Vs. Structural Claiming

Law360, New York (September 28, 2009, 1:09 PM EDT) -- Claim Drafting Tip: When seeking to patent an invention, one should include apparatus claims that are drafted to avoid a potential pitfall around "contextual infringement."

In the case of inventions in which software is one embodiment, in particular, functional language is frequently employed in such a claim. Here, a drafter should take extra care or infringement may require actual, which is not typically desirable.

In Paragon Solutions v. Timex, decided by the Federal Circuit on May 22, 2009, the court raises the tricky question of whether...
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