Definition for "limitation" in the context of prosecution history estoppel and the all elements rule: A proposed solution to the troubling dictum in Kustom Signals v. Applied Concepts

From: Brigham Young University Law Review | Date: January 1, 2003| Author: | Copyright information

I. INTRODUCTION

United States Patent Law is one of the most rapidly evolving areas of law,1 and the past few years have been particularly eventful. One of the focuses of recent debate has been the doctrine of equivalents, a long-standing legal doctrine designed to protect patent holders from fraud.2 The Court of Appeals for the Federal Circuit (CAFC)-a court created two decades ago for the purpose of harmonizing and clarifying patent law3-has been heavily involved in this debate, along with the United States Supreme Court. In the wake of two monumental cases decided by these two courts,4 the ...

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