Re: [Patents] Today's WSJ - Article on patent ruling.

[Don Marti <dmarti@zgp.org>]

begin Brenno J.S.A.A.F. de Winter quotation of Wed, May 29, 2002 at 
04:39:10PM +0200:

> Today I read an article on the WSJ, where a ruling was announced on
> patents. Apparantly it is possible now to sue also parties in the US,
> that have similar implementations of a patent. How far this can reach
> was not said. Parties opposing this included IBM, parties in favor of
> this included Sun Microsystems.

The doctrine of equivalents is not new.  All that the Supreme Court
did today was make the doctrine of equivalents apply equally to
claims that had been amended and to claims that had not been amended.

http://www.nytimes.com/2002/05/29/business/29PATE.html

...

 The Federal Circuit had put new restrictions on those who amend
 descriptions of their inventions to ensure approval of patent
 applications. Most patent seekers file amendments at some point.

 The appeals court said those inventors are restricted to the literal
 wording in the amended part of the patent and cannot take advantage of
 the so-called doctrine of equivalents.

 The appeals court said its new rule would prevent inventors from trying
 to recapture subject matter they gave up during the application
 process. The Federal Circuit also said its decision would clarify what
 each patent covered.

 The Supreme Court said today that the lower court had imposed an overly
 rigid rule that ignored previous Supreme Court support for the doctrine
 of equivalents.

...

-- 
Don Marti                                          
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