In Duramed Pharmaceuticals, Inc. v. Paddock Laboratories, Inc., the Federal Circuit rejected Duramed’s arguments that prosecution history estoppel did not bar application of the doctrine of equivalents under Festo because the equivalent at issue was not foreseeable. In so doing, the Court illuminated the rather narrow applicability of the “unforeseeable” route to rebutting a presumption of prosecution history estoppel.
Tag Archives: Festo
Patentability Versus Freedom To Operate
Posted in Federal Circuit DecisionsThe difference between patentability and freedom to operate took the forefront in Siemens Medical Solutions USA, Inc. v. Saint-Gobain Ceramics & Plastics, Inc. The Federal Circuit upheld the district court’s denial of JMOL after a jury found that Saint-Gobain was liable for infringing Siemens’ patent under the doctrine of equivalents, even though Saint-Gobain’s product was covered by a separate (and later) patent.
@ipwatchdog And when those experts wear black robes???
17 hours ago
@IPLawAlerts @johnwrooney Thanks for sharing the Monsanto article!
1 day ago
A Look At The Myriad Gene #Patent Claims And The USPTO Memo To Examiners On Myriad http://t.co/htJ35ggaKh
2 days ago
Oooh boy! RT @PatentScholar: We have Actavis! 5-3 Breyer opinion adopts rule of reason for pay-for-delay: http://t.co/9rjPaj46DB
2 days ago
New article: A Look At The Myriad Gene Patent Claims And The USPTO Memo To Examiners On Myriad http://t.co/htJ35ggaKh ##patent
2 days ago