Patent Practitioners Beware: The Federal Circuit Releases a ManiFesto
- Topics:
- Commercial Litigation
- Tags:
- Patent,
- Thelen Reid & Priest
- Source:
- Thelen Reid & Priest
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Overview: The doctrine of equivalents in patent law has come under attack from various directions in recent years. Its broadly worded tests arguably offer little guidance as to patent claim scope and tend to contradict the notice function of patent claims. Thus, the Federal Circuit, in Festo, has tried to draw a bright-line rule spelling out how and when the doctrine of equivalents may be used. The article outlines strategies and tactics. Much will depend on how courts interpret and apply Festo to fact-sensitive matters. It still remains possible that the Supreme Court will have further input on this matter. One thing is certain: Festo is a boon to companies that make their money by designing around patents, and a thorn in the side of anyone prosecuting a patent application or contemplating bringing an action for patent infringement.
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Format: HTML | Date: Mar 2001 | Pages: 1
