This Note examines the interplay between the judicially-created patent law rules of prosecution history estoppel and the doctrine of equivalents. Part II explores the development of these rules as well as their effects and underlying goals. Part II also discusses landmark Supreme Court decisions regarding the doctrine of equivalents and prosecution history estoppel and how the Federal Circuit has applied these rules. Part III discusses the United States Supreme Court decision in Festo Corporation v. Shoketsu Kinzoku Kogyo Kabushiki Co. Finally, Part IV analyzes the Festo decision, explains that the decision will likely increase the cost and complexity of patent prosecution and litigation, and offers an alternate approach
The Supreme Court of the United States held that the doctrine of equivalents is not inconsistent wit...
This article contends that the Federal Circuit\u27s decision in Festo Corp. v. Shoketsu Kinzoku Kogy...
Encouraging technological innovation and improvement lies at the heart of the U.S. patent system. To...
This article provides an in-depth analysis of the Federal Circuit’s en banc decision in Festo Corpor...
On November 29, 2000, the Federal Circuit retroactively reduced the value of nearly 1.2 million unex...
In Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., the Federal Circuit adopted a strict approac...
Despite differences in patent law jurisprudence in Germany, the United Kingdom and the United States...
The Supreme Court makes another attempt to strike a balance between protecting an inventor\u27s pate...
The Congress shall have the power to promote the progress of science and useful arts, by securing fo...
In two recent cases, Warner-Jenkinson Co. v. Hilton Davis Chemical Co., 520 U.S. 17 (1997), and Fest...
The Supreme Court again began to delve into substantial patent issues by addressing the interplay be...
(Excerpt) Over the past century, few patent issues have been considered so often by the Supreme Cour...
In the Festo decision, the Federal Circuit significantly changed the scope of the doctrine of equiva...
Last Term, in Festo Corporation v. Shoketsu Kinzoku Kogyo Kabashuki Co., the United States Supreme C...
[Excerpt] “One of the most salient effects of patent prosecution history arises in the context of th...
The Supreme Court of the United States held that the doctrine of equivalents is not inconsistent wit...
This article contends that the Federal Circuit\u27s decision in Festo Corp. v. Shoketsu Kinzoku Kogy...
Encouraging technological innovation and improvement lies at the heart of the U.S. patent system. To...
This article provides an in-depth analysis of the Federal Circuit’s en banc decision in Festo Corpor...
On November 29, 2000, the Federal Circuit retroactively reduced the value of nearly 1.2 million unex...
In Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., the Federal Circuit adopted a strict approac...
Despite differences in patent law jurisprudence in Germany, the United Kingdom and the United States...
The Supreme Court makes another attempt to strike a balance between protecting an inventor\u27s pate...
The Congress shall have the power to promote the progress of science and useful arts, by securing fo...
In two recent cases, Warner-Jenkinson Co. v. Hilton Davis Chemical Co., 520 U.S. 17 (1997), and Fest...
The Supreme Court again began to delve into substantial patent issues by addressing the interplay be...
(Excerpt) Over the past century, few patent issues have been considered so often by the Supreme Cour...
In the Festo decision, the Federal Circuit significantly changed the scope of the doctrine of equiva...
Last Term, in Festo Corporation v. Shoketsu Kinzoku Kogyo Kabashuki Co., the United States Supreme C...
[Excerpt] “One of the most salient effects of patent prosecution history arises in the context of th...
The Supreme Court of the United States held that the doctrine of equivalents is not inconsistent wit...
This article contends that the Federal Circuit\u27s decision in Festo Corp. v. Shoketsu Kinzoku Kogy...
Encouraging technological innovation and improvement lies at the heart of the U.S. patent system. To...