September 10, 2018
Fitch Even partner Jon A. Birmingham was quoted in today’s issue of Law360 in an article discussing the possible ramifications of the Federal Circuit’s recent ruling in In re Maatita that a two-dimensional drawing of a three-dimensional object can, in certain circumstances, meet the enablement and definiteness requirements for a design patent.
In the article, “Fed. Circ. Ruling May Allow Some Designers Broad Patents,” Jon notes, in part, that because designers are already using broken lines in patent drawings to show parts of the product that are not being claimed, the Maatita ruling “gives another avenue to be creative with what people are doing as far as trying to claim broadly.”
The article can be read in its entirety on the Law360 website (sub. req.).
For more information on the Maatita case, please see the recent IP alert written by Jon.
IP Alert | Knowledge Within the Art Does Not Save Means-Plus-Function Claim Term Lacking Corresponding StructureFebruary 19, 2021
On February 12, in Synchronoss Technologies, Inc. v. Dropbox, Inc., the Federal Circuit affirmed that certain of Synchronoss's claims were invalid for indefiniteness, since the claims included a means-plus-function claim term that did not have adequate structural support in the specification. Read more
IP Alert | Customer Loyalty Program Does Not Claim Patent-Eligible Subject MatterFebruary 16, 2021
On February 8, in cxLoyalty, Inc v. Maritz Holdings, Inc., the Federal Circuit invalidated a patent for failure to claim patentable subject matter, reversing findings of the PTAB relating to substitute claims in a CBM review. Read more