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One of the hidden (literally!) values of method claims

Federal Circuit reminds us why method claims can be so valuable

Yesterday, the Federal Circuit reminded us of another reason why method claims can be so valuable. In Crown Packaging Technology, Inc. v. Rexam Beverage Can Co., No. 08-1284 (Fed. Cir. Mar. 17. 2009), the court held, among other things, that a method claim does not require markings to enforce the patent in litigation.

In Crown Packaging, the plaintiff (the patent holder), in brief, did not mark its products with a patent number as required by 35 U.S.C. § 287(a) for most patented products. You’ve seen these markings on, for example, a Starbucks coffee sleeve (Pat. Nos. 5,205,473 and 6,863,644, to be precise).

Nevertheless, the court, consistent with precedent, allowed the patent holder to enforce its method claims. Method claims are used extensively in patents on software products, so this is good news for many of our clients.

For more about the decision, I’d refer you to Patently-O’s post on the case here.

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SECTORS

HIGHTECHNOLOGY

HIGH
TECHNOLOGY

Artificial Intelligence

Blockchain & Cryptocurrency

Computer Technology & Software

Consumer Electronics

Electrical Devices

MECHANICAL& PRODUCTS​

MECHANICAL
& PRODUCTS​

Cleantech

Mechanical Devices

Consumer & Retail Products

Hardware & Tools

Toys & Games

LIFE SCIENCES& CHEMISTRY​

LIFE SCIENCES
& CHEMISTRY​

Biotechnology

Chemical Compounds

Digital Health

Healthcare Products

Pharmaceuticals

BRANDING& CREATIVE​

BRANDING
& CREATIVE​

Books & Publications

Brand Creation

Luxury Products

Photography & Video

Product Design

call us  206.533.3854