'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.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
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.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
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.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 2001
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Recession impressions: differing views on legal technology during a potential economic downturn. Know artificial ingredients; understanding really is half the battle
- Abstracts: At the front; some lawyers want to combine professional fulfillment with a little adventure. Minor hardships; jailing youths as adults is gaining ground - and so are its critics
- Abstracts: In terms of the rest of your life... getting smart and shopping around yields good deals in insurance premiums
- Abstracts: Is innovation king at the antitrust agencies? The intellectual property guidelines five years later. Toward a flexible rule of reason
- Abstracts: Typical life insurance planning mistakes and some suggested solutions. Avoiding common mistakes in the use of life insurance