Reconsidering estoppel: patent administration and the failure of Festo.

From: University of Pennsylvania Law Review | Date: November 1, 2002| Author: Wagner, R. Polk | Copyright information

Last Term, in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., the United States Supreme Court missed perhaps the most important opportunity for patent law reform in two decades. At the core of the failure to grasp the implications of "prosecution history estoppel"--a judicially crafted principle limiting the enforceable scope of patents based on acts occurring during their application process--is the heretofore universal (but ultimately unsupportable) view of the doctrine as a...

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