Crafting patents for the twenty-first century: maximize patent strength and avoid prosecution history estoppel in a post-Markman/Hilton Davis world

Article Abstract:

Patent prosecutors should revise their patent application and drafting strategies in light of two recent Supreme Court cases, Markman v. Westview Instruments, Inc. and Hilton Davis Chemical Co. v. Warner-Jenkinson Co. Both cases reinforce the importance of the courts as claims interpreters. The Markman decision affirmed that judges are better able to interpret claims than are jurors. The Hilton Davis decision maintained the doctrine of equivalents, but the Court accepted that prosecution history estoppel can limit the doctrine's application.

Other Justice, Public Order, and Safety Activities, Patent Law, Cases, Law and fact, Equivalents doctrine (Patent law)

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The strategic use of means-plus-function claims

Article Abstract:

Means-plus-function claims are an important strategy in drafting patent claims because they increase the breadth of rights the patent owner possesses for the long and unpredictable patent claim process. The scope of means claims depends upon the specifications of each individual claim. The means claim is not necessarily of a narrower scope than literal language claims.

Methods, Legal composition

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The perils of patenting the industry standard

Article Abstract:

The author discusses patent law difficulties when equitable estoppel is raised in cases involving technology deemed an industry standard.

United States

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