Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Hyung Joon Lee

2009

Patent

Articles 1 - 1 of 1

Full-Text Articles in Law

Prospective Of Foreign Prosecution History Estoppel In Korean Patent Litigation, Hyung Joon Lee Oct 2009

Prospective Of Foreign Prosecution History Estoppel In Korean Patent Litigation, Hyung Joon Lee

Hyung Joon Lee

This Article responds to an emerging view, in patent litigation, to employ foreign prosecution history estoppel as a doctrine in claim construction. In this regard, the United States Court of Appeals for the Federal Circuit (hereinafter, referred to as CAFC) has found a representation made during a patent litigation in Korea to be effective as a prosecution history estoppel in a U.S. patent infringement suit, i.e., AstraZeneca v. Andrx Pharmaceuticals (04-1562). This Article reviews the foundation of this decision, such as Doctrine of Equivalents and Prosecution History Estoppel. Subsequently, the present Article examines several important cases to analyze the applicability …