'Tangential Relation' criterion clears way for infringement of amended patent claim under doctrine of equivalents |
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Authors: | Berry David C. |
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Affiliation: | Associate Professor, Thomas M. Cooley Law School, Graduate Program in Intellectual Property Law, USA |
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Abstract: | Prosecution history estoppel generally bars patent infringementunder the doctrine of equivalents when a claim is narrowed byamendment during examination, but the tangential relationcriterion preserves that doctrine when the claim is narrowedin a manner unrelated to the particular equivalent which, itis alleged, infringes the patent. |
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