Sunstein Kann Murphy & Timbers LLP: Narrowing a Patent Claim Can Prove Costly During Litigation — and a Broadly Worded Preamble Doesn’t Help

By Nancy C. Wilker , a member of our Life Sciences Practice Group In case patent prosecutors needed reminding that the art of claim drafting is much akin to fortune telling, a recent case by the Federal Circuit throws the spotlight on the preamble - the formal introductory clause of a claim...

Fitch, Even, Tabin & Flannery LLP: Saint-Gobain—Standard of Proof Under the Doctrine of Equivalents

By Allen E. Hoover On May 29, 2012, the U.S. Supreme Court denied a petition for certiorari filed by Saint-Gobain Ceramics and Plastics, Inc., in Saint-Gobain Ceramics & Plastics, Inc. v. Siemens Medical Solutions USA, Inc. The Court's action is consistent with the concept in certain of its...

Patent Owners Gain Revitalized Right of Enforcement Against Equivalents

by Robert M. Asher Excerpt: Recent decisions by the Federal Circuit Court of Appeals have breathed life into the doctrine of equivalents. This doctrine is judge-made law that allows patent owners to establish infringement when an accused product or method has skirted the literal wording of...

Fitch, Even, Tabin & Flannery LLP: Federal Circuit Holds Prosecution History Estoppel Is Applicable to Design Patents

On January 8, 2014, in Pacific Coast Marine Windshields Limited v. Malibu Boats, LLC , the Court of Appeals for the Federal Circuit addressed the doctrine of prosecution history estoppel [ an enhanced version of this opinion is available to lexis.com subscribers ]. While this doctrine traditionally has...