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Loosening the Tight Restrictions of 'Festo' Through Well Drafted Means-Plus-Function Claims
The U.S. Court of Appeals for the Federal Circuit's holding in Festo Corp. v. Shoketsu Kinzoku Kogyou Kabushiki Co. Ltd.severely limited the application of the doctrine of equivalents, a vehicle for finding that a product infringes a patent. Practitioners might be able to circumvent these restrictions by properly drafting and prosecuting means-plus-function claims pursuant to 35 U.S.C. '112(6).Cite as 13 C.D.O.S. 365RICHARD STENGEL; MARY LOU STENGEL, Plaintiffs-Appellants,v.MEDTRONIC INCORPORATED,
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