Festo: The plague continues

Issue JCB, Volume 9, Number 2, 2003 

Scott B. Familant

DOI:https://doi.org/10.5912/jcb20


Abstract:

This paper reviews the law on the doctrine of equivalence and prosecution history estoppel and explores how it has been reshaped by the Federal Circuit's and Supreme Court's decisions in Festo Corp. v Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd. The paper also assesses the likely impact those decisions will have on patent prosecution, licensing and enforcement activities.

Keywords:doctrine of equivalents ,prosecution history ,estoppel ,Festo ,en ,

Download PDF