Is the Complete Bar Dead? The U.S. Supreme Court Tackles Festo
- Topics:
- Commercial Litigation
- Source:
- Thelen Reid & Priest
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Overview: In the last decade, the United States Court of Appeals for the Federal Circuit and the United States Supreme Court ruled on several cases that greatly affect the applicability of the doctrine of equivalents, a longstanding equitable doctrine utilized in patent infringement lawsuits. The doctrine of equivalents permits a patent holder to sue an alleged infringer even though the alleged infringer did not literally infringe any of the patent claims. This article will provide a brief history of the doctrine of equivalents and also focuses on the Supreme Court's opinion in Festo and discuss the possible effects of this ruling on the world of patent law.
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Format: HTML | Date: Jul 2002 | Pages: 1
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