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Archives for December, 2012

Has the Federal Circuit Vitiated the Application of “Vitiation” to the Doctrine of Equivalents?

Patent holders can prove infringement by showing that each element of a claim is literally present in an accused infringer’s product or that those elements which are missing have an “equivalent.” The latter approach is permitted under what is known as the “doctrine of “equivalents.” There is something of a conundrum in the way the…

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How Long Will it Take Me to Get a Patent?

Clients often want to know how long it will take them to get a patent.  Of course, whether they get one at all will depend on whether their invention is novel and non-obvious as well as how broadly their claims are drafted.  However, those questions aside, there is also the issue of how quickly the…

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