Williamson Aftermath: A Big Shift In Functional Claiming

Law360, New York (October 31, 2016, 12:05 PM EDT) -- A.J. Tibbetts

Justin Colannino The Federal Circuit's 2015 en banc decision in Williamson v. Citrix Online[1] has triggered a significant shift in the interpretation of "functional"[2] claims in district courts and before the U.S. Patent and Trademark Office's Patent Trial and Appeal Board. By one estimate, more than 50 percent[3] of issued patents will be affected by this shift, which could leave patent claims greatly narrowed in scope or even invalid. It is therefore critical for both patent owners and potential defendants to understand how Williamson is presenting new strategy options and undermining old ones.

We have been tracking Williamson's impact...

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