Patent Law Blog

Typhoon Touch Technologies v. Dell: Risks of Functional Claiming

submitted by James E. Lake on Monday, December 05, 2011

In Typhoon Touch Technologies, Inc. v. Dell, Inc., 659 F.3d 1376 (Fed. Cir. 2011), the Federal Circuit affirmed a finding of noninfringement where the patent claims relied on functional limitations and the accused device did not actually carry out the functions, but was merely capable of being programmed or configured to do so. Read more...