Federal Circuit 2004: Eight Significant Patent Law Developments Every IP Litigator Must Understand
IP LITIGATOR, Vol. 11, p. 27, 2005
22 Pages Posted: 28 Jul 2009 Last revised: 6 Dec 2014
Date Written: 2005
In comparison to prominent courts in other fields of law, the U.S. Court of Appeals for the Federal Circuit issues decisions that impact the conduct of patent litigation at a 'lightning pace'. In its capacity as the court of last resort for virtually all U.S. patent cases, the Federal Circuit issues on average about 10 precedential patent decisions each month. Not all of those decisions are equally noteworthy, of course. This article analyzes eight precedential patent decisions of particular significance to intellectual property litigators. All were issued by the Federal Circuit during the one-year period from November 2003 through October 2004.
Keywords: patent law, patent claim interpretation, doctrine of equivalents, patent litigation, patent infringement, willfulness, U.S. Court of Appeals for the Federal Circuit, Phillips v. AWH Corp., Knorr-Bremse v. Dana Corp., Walker Process fraud, market definition, printed publication, nascent technology
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