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April 24, 2000 |

How Restricting the Doctrine of Equivalents Conflicts With the Notice Function of Claims

The "doctrine of equivalents" protects patented inventions against other items that perform substantially the same function. The doctrine has taken a beating as the courts emphasize the notice function of claims, and narrow the applicability of patents to arguably equivalent items. But this trend will cause attorneys to draft even more abstract and tortured claims in order to cover every possible alternative, and will leave competitors unsure whether their actions infringe a granted patent.
9 minute read
August 04, 2009 |

Daily Decision Service Alert: Vol. 18, No. 149 - August 4, 2009

Daily decision alert.
21 minute read
September 04, 2013 |

Daily Decision Service Alert: Vol. 22, No. 171 - September 4, 2013

Daily decision alert.
13 minute read
June 03, 2002 |

Outside Counsel

I n March 2002, the Federal Circuit sitting en banc decided the issue of "whether and under what circumstances a patentee can rely upon the doctrine of equivalents with respect to unclaimed subject matter disclosed in the specification."
7 minute read
Unapproved Opinions
Publication Date: 2012-11-29
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Opinions not approved for publication.

June 09, 2010 |

N.J. Court To Decide Whether Suit Over J&J Sutures Satisfied Discovery Rule

The New Jersey Supreme Court has agreed to consider whether an appellate panel improperly dismissed as time-barred a product-liability suit against Johnson & Johnson over sutures alleged to have caused post-surgical injuries.
4 minute read
April 20, 2001 |

District Court May Review Partial Awards

The 1st U.S. Circuit Court of Appeals has ruled that where parties to arbitration agree to bifurcate proceedings into liability and damages phases, the party that loses at the end of the first phase may immediately appeal the decision to federal district court, even though the damages phase is still pending. The ruling helps parties confronting the statute of limitations in the Federal Arbitration Act.
4 minute read
August 21, 2013 |

Jury Awards $2M in Bellwether Transvaginal Mesh Trial

A jury in the first federal trial over transvaginal mesh devices awarded $2 million on Thursday to a woman who alleged that the manufacturer failed to warn about defects in its product that caused her bleeding and pain.
3 minute read
August 19, 2013 |

Jury Awards $2M In Bellwether Mesh Device Trial

A jury in the first federal trial over transvaginal mesh devices awarded $2 million on Thursday to a woman who alleged that the manufacturer failed to warn about defects in its product that caused her bleeding and pain.
3 minute read
May 31, 2001 |

How Restricting Equivalents Conflicts -- Yes, Conflicts -- With the Notice Function of Claims

The doctrine of equivalents took punches as the U.S. Court of Appeals for the Federal Circuit paid homage to the notice function of claims. However, as the narrowing of equivalents presses in on claim scope, patent attorneys will push back by squeezing the most out of literal claim language. This gamesmanship invariably leads to a higher level of claim abstraction and more unconventional phraseology.
10 minute read

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