We use cookies on this site to enable your digital experience. By continuing to use this site, you are agreeing to our cookie policy. close

Circuit Clarifies Doctrine Of Equivalents Ruling

Law360 (July 6, 2007, 12:00 AM EDT) -- In a precedent-setting case over when a patent owner could claim infringement under the doctrine of equivalents, the Federal Circuit ruled Thursday that SMC Corp. did not infringe a Festo Corp. patent for rodless cylinders because SMC's device was foreseeable and prosecution history estoppel applied.

Festo's lawsuit, which has been pending for almost 20 years and involved two U.S. Supreme Court decisions, claimed that SMC infringed its patent under the doctrine of equivalents, which holds that if someone makes insubstantial changes to a patented invention, the...
To view the full article, register now.
Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.