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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...