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ARTICLE · 31 OCTOBER 2025

Federal Circuit Affirms Broad Functional Language Render Brita's Patent Invalid Under §112(a)

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Brita LP v. ITC, No. 2024-1098 (Fed. Cir. Oct. 15, 2025), the Federal Circuit affirmed the Commission's determinations that certain asserted claims of Brita's patent...

United StatesIntellectual Property

In Brita LP v. ITC, No. 2024-1098 (Fed. Cir. Oct. 15, 2025), the Federal Circuit affirmed the Commission's determinations that certain asserted claims of Brita's patent lack written description support and are not enabled for any filter other than carbon-block filters.

Brita sought to enforce U.S. Patent No. 8,167,141 ('the 141 patent), generally directed to gravity-flow fluid filtration systems. The Commission found that carbon-block filters were the only type enabled and sufficiently described by the patent. Brita appealed the ITC's findings.

Brita argued the '141 patent has written description support for non-carbon-block filters based on the claims themselves and the specification's examples of other filters and broad statements of applicability. The Court disagreed. Specifically, the Court held that the broad functional language used in the '141 patent—a filter meeting an internally defined performance criterion—must be read in light of the

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