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Festo XIII: Hidden Dangers for Patent Licensees?

Law360 (July 16, 2007, 12:00 AM EDT) -- On July 5, the Federal Circuit issued what it surely hopes is its very last opinion in the twenty-year long Festo litigation—with the ominous designation of Festo XIII.

This case, first filed in 1988, claiming infringement of a patent for a “magnetically coupled rodless cylinder,” has been before ten banc panels of the Federal Circuit twice and before the Supreme Court twice more. It has changed the landscape for patent prosecutors and their clients in focusing their attention on the dramatic effect of amendments made in...
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