Add to ORKGBased on conflicting Federal Circuit case law, many academics have written, and many practitioners likely believe, that claim meanings or their applications may expand over time for purposes of literal infringement. But this common wisdom is wrong. Under existing Federal Circuit rules, the first precedent controls in the event of a conflict over doctrine, unless and until reversed en banc. The first precedent on the issue, the 2000 Schering Corp. v. Amgen, Inc. case, held that claim scope does not reach after-arising technologies for literal infringement and suggested that if it did, then such claims would lack written description support. Under existing validity precedents, temporally expanding claim scope would violate both § 112(a)’s ena...
The Federal Circuit has become much less willing to enforce a claim that is broader than the specifi...
314-329The scope of a patent is not limited to its literal terms, but instead embraces all equivalen...
Functional claims have caused many headaches for academics, judges and practitioners who have strugg...
Broadly speaking, courts and commentators have offered two theories to explain the relationship betw...
In Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., the Federal Circuit adopted a strict approac...
The doctrine of equivalents began as a tool creating judicial flexibility to shield patent holders f...
Over the past century, few patent issues have been considered so often by the Supreme Court of the U...
In several recent decisions, the United States Court of Appeals for the Federal Circuit has establis...
In the post-Markman era, the Federal Circuit has focused attention on the public notice function of ...
The doctrine of equivalents is arguably one of the most important aspects of patent law. The protect...
From its beginning, American patent law has extended patent protection beyond the explicitly disclos...
The Court of Appeals for the Federal Circuit is justifiably credited with the restoration of the pre...
For a number of years, U.S. courts have noted that the doctrine of equivalents has been unworkable. ...
Through empirical research, this article examines whether the patent system of the United States sho...
This Article examines the blurring of this interface in both the procedural and substantive cont...
The Federal Circuit has become much less willing to enforce a claim that is broader than the specifi...
314-329The scope of a patent is not limited to its literal terms, but instead embraces all equivalen...
Functional claims have caused many headaches for academics, judges and practitioners who have strugg...
Broadly speaking, courts and commentators have offered two theories to explain the relationship betw...
In Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., the Federal Circuit adopted a strict approac...
The doctrine of equivalents began as a tool creating judicial flexibility to shield patent holders f...
Over the past century, few patent issues have been considered so often by the Supreme Court of the U...
In several recent decisions, the United States Court of Appeals for the Federal Circuit has establis...
In the post-Markman era, the Federal Circuit has focused attention on the public notice function of ...
The doctrine of equivalents is arguably one of the most important aspects of patent law. The protect...
From its beginning, American patent law has extended patent protection beyond the explicitly disclos...
The Court of Appeals for the Federal Circuit is justifiably credited with the restoration of the pre...
For a number of years, U.S. courts have noted that the doctrine of equivalents has been unworkable. ...
Through empirical research, this article examines whether the patent system of the United States sho...
This Article examines the blurring of this interface in both the procedural and substantive cont...
The Federal Circuit has become much less willing to enforce a claim that is broader than the specifi...
314-329The scope of a patent is not limited to its literal terms, but instead embraces all equivalen...
Functional claims have caused many headaches for academics, judges and practitioners who have strugg...
