Paragon V. Timex: Functional Vs. Structural Claiming
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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