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Compared To Structural Claim Language, Functional Language More Susceptible To Inherent Anticipation

Client Alert | 1 min read | 09.15.08

In Leggett & Platt, Inc. v. Vutek, Inc. (No. 07-1515; August 21, 2008), the Federal Circuit affirms the district court's summary judgment of invalidity of a patent for a method and apparatus for ink jet printing UV curable ink on a rigid substrate.

The claims of the asserted patent use functional language rather than structural language to describe a cold UV curing assembly, i.e., "the cold UV assembly being effective to impinge sufficient UV light on the ink to substantially cure the ink." The district court had construed the phrase "substantially cure" to mean "cured to a great extent or almost completely cured." Thus, the Federal Circuit concludes that this claim limitation will be anticipated so long as the Light Emitting Diodes ("LEDs") disclosed in the prior art patent are able to cure the ink to a great extent. The prior art does not expressly disclose that its LEDs cure the ink to a great extent, but it does teach that if a UV radiation source is passed over the ink at a slower speed and/or multiple times, the degree to which the ink is cured will increase. This teaching was supported by expert testimony that multiple passes by the disclosed LEDs would eventually result in a substantial cure. Therefore, the Federal Circuit concludes that the prior art inherently discloses LEDs that are "effective to" cure the ink to a great extent, and thus affirms the district court's summary judgment of invalidity.

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Client Alert | 7 min read | 10.29.26

7th EU Competition Law Conference, co-hosted by Crowell & Moring, King’s College London and the Competition Law Center at George Washington University

On 8 October 2026, Crowell & Moring, King's College London, and the Competition Law Center at George Washington University co-hosted the 7th EU Competition Law Conference at De Warande in Brussels. Mark Meador, Commissioner at the US Federal Trade Commission (FTC), delivered the opening keynote address, followed by four panels bringing together practitioners, regulators, academics, and in-house counsel to discuss the latest developments in EU, UK, and US competition law enforcement. Among other things, the panels examined algorithmic pricing; the European Commission's (Commission) new guidelines on exclusionary abuses under Article 102 TFEU (Article 102 Guidelines); the impact of dominant positions in merger reviews; and lessons from the enforcement of the Digital Markets Act (DMA) and the UK’s Digital Markets, Competition and Consumers Act. ...