Functional Claiming for Software Patents: Leveraging Recent Court Treatment

Surviving 112(f) and Disclosing Functional Basis for Software to Meet Heightened Standard of Review

A live 90-minute premium CLE video webinar with interactive Q&A


Thursday, November 4, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, October 8, 2021

or call 1-800-926-7926

This CLE course will guide IP counsel on functional claiming in software patents and USPTO prosecution. The panel will examine recent court treatment and explain how to navigate the issue of functionality given the uncertainties in the prosecution and litigation contexts.

Description

In Williamson v. Citrix Online, the Federal Circuit issued a decision relating to means-plus-function claims. This decision has dramatically impacted interpreting functional claim terms, regardless of whether claim language is subject to being construed in prosecution, post-grant challenges at the PTAB, or district court litigation.

Since Williamson, it is typically not enough to claim a general purpose computer as the only structure for performing a recited function. Instead, the patentee must disclose specific algorithms or other structures sufficient to perform the claimed function.

Listen as our authoritative panel of patent attorneys provides a quick review of the Williamson decision, discusses how the courts have applied the Williamson decision, and then examines functional claiming in the context of software patents. The panel will explore the benefits and risks of using functional claims and offer best practices for surviving Section 112(f) and leveraging functional claims to maximize patent protection.

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Outline

  1. How the courts are treating functional claiming since Williamson
  2. Functional claiming in software patents
  3. Benefits and risks involved with using functional claims
  4. Best practices for leveraging Section 112(f) and functional claims for maximum patent protection

Benefits

The panel will review these and other crucial issues:

  • What has the impact of the Williamson decision been on functional claim interpretation for software patents?
  • What are the benefits and limitations of using functional claims for software patents?
  • What are the lessons from recent decisions regarding functionality in software patents?

Faculty

Kukkonen, Carl
Carl A. Kukkonen, III

Partner
Jones Day

Mr. Kukkonen has more than 20 years of experience in strategic intellectual property counseling, technology...  |  Read More

Lamberson, Jonathan
Jonathan Lamberson

Partner
White & Case

As a trial attorney, Mr. Lamberson has attended over a dozen patent jury trials in districts around the country,...  |  Read More

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Early Discount (through 10/08/21)

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Early Discount (through 10/08/21)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

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