Death pangs of the doctrine of equivalents

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Death pangs of the doctrine of equivalents

On May 22 this year, the US Supreme Court decided the most eagerly-awaited patent case in many years, Festo v SMC. The case addresses a key issue for patent holders: what protection is available under the doctrine of equivalents. But was the decision as important as many people have claimed? What effect will it have for patent applicants and litigants in the US? And what impact will it have on the US Patent and Trademark Office, the Federal Circuit and district courts? MIP invited six senior IP practitioners in the US to a round table discussion, held at the Washington DC offices of Finnegan Henderson, to discuss the implications of the Festo decision, as well as other recent patent cases. James Nurton moderated the discussion

Unlock this content.

The content you are trying to view is exclusive to our subscribers.

To unlock this content:

Take a Free Trial or Login
more from across site and SHARED ros bottom lb

More from across our site

The variety of winners demonstrates that the UPC is now a core benchmark rather than an experimental consideration, while junior lawyers are becoming more deeply involved in key work
The Indian government announcing a fee waiver for sports-related IP registrations, and the US adding the EU to its IP 'watch list' were also among major developments
Sources say the judge could return to a disputes or mediation-focussed role, though others have questioned whether the Texas court will remain a litigation hotspot in his absence
Sheppard, which has hired 14 IP partners in the last 12 months, has cited client demand for expert counsel in SEP, ITC, and district court disputes
Tingxi Huo joins our ‘Five minutes with’ series to discuss boosting the value of clients’ IP and the importance of reflection
Hefty legal teams assembled for a three-day hearing in what was the court’s first foray into SEPs since Unwired Planet v Huawei
IP firm's new base will be located inside the tallest office space in the UK's ‘second city’
Practitioners at four firms across Asia and Europe share the do’s and don’ts of mindful networking ahead of the INTA Annual Meeting
Brand Action explains why the IP community can be a force for good in the world as thousands of professionals prepare to head to London for INTA’s Annual Meeting
The firm, which has also hired a senior trademark leader to lead operations in the region, believes greater China to be one of the most important IP jurisdictions
Gift this article