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...
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...
by Robert M. Asher
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
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...