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
- Doctrine of equivalents, literal infringement Basic, Prosecution History Estoppel, Unforeseeable equivalents Amendments