The Patent and Trademark Office clashes with the Federal Circuit over means plus function

Article Abstract:

The Patent and Trademark Office (PTO) will not follow the Federal Circuit's guidelines for 'means plus function' analysis of patent applications. The court held the function to cover equivalents whereas the PTO prefers to hold to literal interpretations of means. The court guidelines come from In re Bond and the PTO holds that the court exceeded its authority. A uniform standard for 'means plus function' should be implemented to avoid future conflicts between the courts and the PTO.

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Advising clients in the wake of Wilson Sporting Goods Co. v. David Geoffrey & Associates

Article Abstract:

The decision of Wilson Sporting Goods Co v. David Geoffrey and Associates has improved the interpretation of the equivalents doctrine. This decision holds that infringement of a dependent patent claim does not depend upon infringement of an independent patent claim. This interpretation is not new but rather uncovers a principle in use. Patent lawyers should keep this decision in mind to minimize damages or legal fees in willful infringement cases.

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Establishing infringement under the doctrine of equivalents after Malta

Article Abstract:

Federal Circuit Courts should provide more en banc decisions to clarify equivalents analysis for patent suits. It is difficult to establish patent infringement using the doctrine of equivalents, and the Federal Circuit has not applied consistent and clear standards. The recent decision of Malta v Schulmerich Carillons Inc did not help clarify the issues.

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