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Signs of life for doctrine of equivalents in the US

Michael Loney, New York

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 10%,...

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