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Patents Functional Equivalent

McDermott Will & Emery

The Right Test for Evaluating Equivalence in Chemical Cases

The US Court of Appeals for the Federal Circuit affirmed a rare grant of preliminary injunction based on one of three patents in suit, but reversed the injunction as to the other two patents based on the district court’s...more

Foley & Lardner LLP

USPTO Finally Issues New Guidance On Patent Subject Matter Eligibility

Foley & Lardner LLP on

The USPTO has issued new “Interim Guidance” for determining whether claims are eligible for patenting under 35 USC § 101. Although the new guidance technically applies to all technologies and all types of claims, Applicants...more

Davis Wright Tremaine LLP

Federal Circuit Holds Foreseeable Equivalents Infringe Under Doctrine of Equivalents

The Court of Appeals for the Federal Circuit held Wednesday that the doctrine of equivalents covers alternatives that were foreseeable at the time of application but not literally claimed. As a result, patent drafters will...more

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