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'Festo' opens the door; case sharply limits doctrine of equivalents; designing around patents will now succeed more

Article Abstract:

The limitation of the patent law's doctrine of equivalents imposed by Festo Corp. v. Shiketsu Kinzoku Kogyo Kabushiki Co. is discussed. The reasons Festo may represent a profound change in existing patent practice are discussed.

Author: Wasleff, John A., Anderson, J. Scott, Rose, Bruce J.
Publisher: ALM Media, Inc.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
Cases

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Was Festo really necessary?

Article Abstract:

The authors discuss the major change in patent law instigated by the US Court of Appeals for the Federal Circuit's decision in Festo Corp. v. Shoketsu Kinsoku Kogyo Kabushiki Co., which limits prosecution history estoppel to an exception and precludes the use of the equivalents doctrine in many cases.

Author: Atkinson, William M., Wasleff, John A., Rose, Bruce J.
Publisher: Patent and Trademark Office Society
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 2001
Interpretation and construction, Patent law

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Why not the statute? Revisited

Article Abstract:

The author discusses the Federal Circuit's decision on patent law prosecution history estoppel in Festo Corp. and patent law generally, prior to the creation of the circuit court in 1982. Topics include the doctrine of equivalents and the Federal Circuit's piecemeal creation of law.

Author: Hantman, Ronald D.
Publisher: Patent and Trademark Office Society
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 2001
Beliefs, opinions and attitudes, United States. Court of Appeals for the Federal Circuit

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Subjects list: United States, Equivalents doctrine (Patent law), Laws, regulations and rules, Estoppel
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