Signs of life for doctrine of equivalents in the US
Some recent Federal Circuit decisions as well as a petition to the Supreme Court suggest the doctrine of equivalents is not dead in the US, despite a declining number of decisions referencing the doctrine since Warner-Jenkinson in 1997
The number of US patent decisions referencing the doctrine
of equivalents has been falling for two decades. In 2000, the
Federal Circuit referenced the doctrine of equivalents in
almost 40% of decisions; in 2016, this figure was lower than
Please log in
to read the rest of this article. New to Managing Intellectual Property?
Take advantage of free access to up to 5 articles on Managing IP and become a member today. It’s free to join and the benefits start straight away.
Please make sure you log in to read the rest of the article.
Join us nowGain FREE access to up to five free articles when you register now.