Patent Owners Gain Revitalized Right of Enforcement Against Equivalents (PDF)
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Recent decisions by the Federal Circuit Court of Appeals have breathed life into the doctrine of equivalents. This doctrine is judge-made law that allows patent owners to establish infringement when an accused product or method has skirted the literal wording of the patent claims but is only insubstantially different from the claimed invention.
Robert M. Asher of Sunstein Kann Murphy & Timbers LLP specializes in patent litigation and prosecution with a particular emphasis on inter partes review, which operates at the intersection between litigation and prosecution. He is an astute and accomplished advocate for inventors and businesses affected by patents. Clients, such as ActiveVideo Networks, Superspeed Software and Silent Systems, have been richly rewarded from Bob's prosecution work on their patents. He co-chairs the firm's Patent Practice Group.
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