With Hilton Davis the Federal Circuit takes the doctrine of equivalents back to its roots
Article Abstract:
The US Court of Appeals for the Federal Circuit's decision in Hilton Davis Chemical Co. v. Warner-Jenkinson Co. will stay the trend toward limiting the application of the doctrine of equivalents in patent infringement cases. The objective test that the court will allow broader application of the doctrine and will allow more evidence to be presented. Infringement under the doctrine must be shown by demonstrating that any difference between the products or processes at issue is unsubstantial. Application of the doctrine is a factual question for the jury, and the court cannot restrict its application.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1995
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Principles of inherency
Article Abstract:
The term "inherently" appears in a variety of patent law contexts and is often applied as a standard of proof for certain defenses to patent actions. The most common usage relates to anticipation claims in which it is argued that the invention in question was based on material inherently disclosed in prior art. The term also arises in unobviousness claims, interference actions and disclosure and description requirements. Extrinsic evidence may be used to show inherency. Inherency claims are most successful on latency issues.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1995
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Fidelity
Article Abstract:
A testimonial to the late Judge Giles S. Rich of the U.S. Court of Appeals is given. Rich's devotion to thinking, clarity and logic in the business of judging are legendary, and fidelity in writing, judging, teaching and character was the cornerstone of his life. His many contributions as judge to patent law are summarized.
Publication Name: Journal of the Patent and Trademark Office Society
Subject: Law
ISSN: 0882-9098
Year: 1999
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