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Federal Circuit: Construing a Structural Claim Term as a “Means” for Performing a Function Improperly Converts the Claimed Structure into a Means-Plus-Function TermPatent Trial and Appeal Board: Obviousness-Type Double Patenting is Not Limited Only to Patent Claims That Would Effectively Extend the Term of an Existing Patent (But Clarification Would Be Welcome)

6 minute read September 01, 2026 at 12:03 AM
By
Jeffrey Ginsberg and Ryan J. Sheehan
IP News

Federal Circuit: Construing a Structural Claim Term as a “Means” for Performing a Function Improperly Converts the Claimed Structure into a Means-Plus-Function Term

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The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

October 01, 2026