Add to ORKGThe doctrine of equivalents began as a tool creating judicial flexibility to shield patent holders from piracy through minor variations on their inventions. Over time, two trends have transformed it from shield to sword. First, plaintiffs have persuaded courts to allow claims of infringement by equivalents even where there is no evidence of copying or other fraud. Second, as juries have decided more and more infringement cases, their sympathy for patent holders has had a greater impact on equivalents cases. Together, these trends have worked a gross distortion on the doctrine of equivalents. The doctrine should not be used to extend patent coverage, leaving the public unable to determine the exact scope of a patent\u27s claims. Instea...
Proponents of legislative patent reform argue that the current patent system perversely impedes true...
The doctrine of equivalents (DOE) allows courts to expand the scope of patent rights granted by the ...
The doctrine of equivalents (DOE) allows courts to expand the scope of patent rights granted by the ...
The doctrine of equivalents began as a tool creating judicial flexibility to shield patent holders f...
The Court of Appeals for the Federal Circuit is justifiably credited with the restoration of the pre...
Through empirical research, this article examines whether the patent system of the United States sho...
410-421Due to the emergence of fast moving technology, there are more disputes than ever, requiring ...
314-329The scope of a patent is not limited to its literal terms, but instead embraces all equivalen...
The doctrine of equivalents is arguably one of the most important aspects ofpatent law. The protecti...
The doctrine of equivalents is arguably one of the most important aspects of patent law. The protect...
Over the past century, few patent issues have been considered so often by the Supreme Court of the U...
For a number of years, U.S. courts have noted that the doctrine of equivalents has been unworkable. ...
When a device performs substantially the same function, in substantially the same way, to obtain sub...
In their book Patent Failure , Jim Bessen and Michael Meurer show that patents outside the fields o...
In patent law, “unenforceability” can have immense consequences. At least five equitable doctrines m...
Proponents of legislative patent reform argue that the current patent system perversely impedes true...
The doctrine of equivalents (DOE) allows courts to expand the scope of patent rights granted by the ...
The doctrine of equivalents (DOE) allows courts to expand the scope of patent rights granted by the ...
The doctrine of equivalents began as a tool creating judicial flexibility to shield patent holders f...
The Court of Appeals for the Federal Circuit is justifiably credited with the restoration of the pre...
Through empirical research, this article examines whether the patent system of the United States sho...
410-421Due to the emergence of fast moving technology, there are more disputes than ever, requiring ...
314-329The scope of a patent is not limited to its literal terms, but instead embraces all equivalen...
The doctrine of equivalents is arguably one of the most important aspects ofpatent law. The protecti...
The doctrine of equivalents is arguably one of the most important aspects of patent law. The protect...
Over the past century, few patent issues have been considered so often by the Supreme Court of the U...
For a number of years, U.S. courts have noted that the doctrine of equivalents has been unworkable. ...
When a device performs substantially the same function, in substantially the same way, to obtain sub...
In their book Patent Failure , Jim Bessen and Michael Meurer show that patents outside the fields o...
In patent law, “unenforceability” can have immense consequences. At least five equitable doctrines m...
Proponents of legislative patent reform argue that the current patent system perversely impedes true...
The doctrine of equivalents (DOE) allows courts to expand the scope of patent rights granted by the ...
The doctrine of equivalents (DOE) allows courts to expand the scope of patent rights granted by the ...