Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Substantial Identity Requirement Of Patent Infringement, Samuel F. Ernst
The Substantial Identity Requirement Of Patent Infringement, Samuel F. Ernst
Publications
No abstract provided.
The Supreme Court Case That The Federal Circuit Overruled: Westinghouse V. Boyden Power Brake Co., Samuel F. Ernst
The Supreme Court Case That The Federal Circuit Overruled: Westinghouse V. Boyden Power Brake Co., Samuel F. Ernst
Publications
Can a federal court of appeals overrule Supreme Court precedent? Not overtly. But if nobody takes notice, a circuit court can undermine Supreme Court precedent, vacating lower court decisions that rely on the precedent and announcing in published opinions that a once robust doctrine has somehow suddenly become archaic, disfavored, and rarely applied. This is how the Court of Appeals for the Federal Circuit has caused an important Supreme Court patent law doctrine to vanish: the reverse doctrine of equivalents, as announced by the Court in the 1898 case Westinghouse v. Boyden Power Brake Co. Hence Westinghouse represents forgotten precedent …