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Unformatted text preview: An Exception Prosecution History Estoppel Basic: Presumptively barred from making a claim of infringement under the DoE if you've amended the claim during prosecution. What amendments? Amendment that narrows the claim's scope Made to satisfy ANY require ment of the Patent Act An Exception Flexible Bar Basic Idea: Even if there is a pre sumption of PHE the patentee bears the burden of proving that the amendment wasn't made for a reason that would give rise to estoppel ...it's possible for the patentee to recapture the equivalent. Unforeseeable equivalents Amendments made for reasons that are tangential\ Some other reason...
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- Spring '10