Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 5 of 5
Full-Text Articles in Law
The Doctrine Of Equivalents And Claiming The Future After Festo, Joshua Sarnoff
The Doctrine Of Equivalents And Claiming The Future After Festo, Joshua Sarnoff
College of Law Faculty
In two recent cases, Warner-Jenkinson Co. v. Hilton Davis Chemical Co., 520 U.S. 17 (1997), and Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., 535 U.S. 722 (2002), the Supreme Court unanimously approved of the modern doctrine of equivalents articulated in Graver Tank & Manufacturing Co. v. Linde Air Products Co., 339 U.S. 605 (1950). The Court also extended equivalents protection to later-arising technologies and imperfectly reconciled the modern doctrine with the doctrine of prosecution history estoppel for amended claims. The Court's new doctrine conflicts with historic implied-disclaimer standards. The U.S. Court of Appeals for the Federal Circuit has further …
Comment, Calvin P. Griffith
Practitioner Perspective On The Law Of Inequitable Conduct, Claim Construction, And The Doctrine Of Equivalents, Edward V. Filardi, Mark D. Baker
Practitioner Perspective On The Law Of Inequitable Conduct, Claim Construction, And The Doctrine Of Equivalents, Edward V. Filardi, Mark D. Baker
Case Western Reserve Law Review
No abstract provided.
The Comment: The Impact Of Major Changes By The Federal Circuit In The Law Affecting Claim Scope, Gerald Sobel
The Comment: The Impact Of Major Changes By The Federal Circuit In The Law Affecting Claim Scope, Gerald Sobel
Case Western Reserve Law Review
No abstract provided.
The Doctrine Of Equivalents And Claiming The Future After Festo, Joshua D. Sarnoff
The Doctrine Of Equivalents And Claiming The Future After Festo, Joshua D. Sarnoff
Joshua D Sarnoff