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Dedication-Disclosure Defense

Akerman LLP

Disclosure-Dedication Doctrine Sinks Doctrine of Equivalents Infringement Claim at Pleadings Stage

Akerman LLP on

The Federal Circuit affirmed the U.S. District Court for District of Delaware's judgment of noninfringement agreeing the case could be dismissed at the pleadings stage because the disclosure-dedication doctrine barred...more

McDermott Will & Emery

Court’s Drug Patent Prescription: Unclaimed Disclosure is Dedicated

McDermott Will & Emery on

Addressing the disclosure-dedication doctrine, the US Court of Appeals for the Federal Circuit concluded that the disclosure-dedication doctrine barred a patent owner’s claim of infringement under the doctrine of equivalents...more

Knobbe Martens

The Disclosure-Dedication Doctrine Applies Even When Disclosure Relates to a Different, Unclaimed Embodiment

Knobbe Martens on

EAGLE PHARMACEUTICALS INC. V. SLAYBACK PHARMA LLC. Before O’Malley, Reyna, and Chen. Appeal from the United States District Court for the District of Delaware. Summary: The disclosure-dedication doctrine precludes...more

Bradley Arant Boult Cummings LLP

The Dedication-Disclosure Rule: An Effective and Efficient Tool in the Defense Toolbox

The Federal Circuit has affirmed infringement under the doctrine of equivalents in a number of cases over the last few years. Briefly, the judicially created doctrine of equivalents is intended to expose those who adopt the...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Upholds Application of Dedication-Disclosure Doctrine at the Pleading Stage

On May 8, 2020, the Court of Appeals for the Federal Circuit affirmed the District of Delaware’s application of the disclosure-dedication doctrine in granting a motion for judgment on the pleadings in Eagle Pharmaceuticals...more

McDonnell Boehnen Hulbert & Berghoff LLP

Eagle Pharmaceuticals Inc. v. Slayback Pharma LLC (Fed. Cir. 2020)

Infringement under the doctrine of equivalents (as a basis of a successful cause of action having renewed vigor before the Federal Circuit recently (see, e.g., "Galderma Laboratories, L.P. v. Amneal Pharmaceuticals LLC") is...more

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