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Prosecution History Estoppel Precludes Infringement Under The Doctrine Of Equivalents.

Publication: Mondaq Business Briefing
Publication Date: 18-JUN-08
Format: Online
Delivery: Immediate Online Access
Full Article Title: Prosecution History Estoppel Precludes Infringement Under The Doctrine Of Equivalents.(Helena Laboratories Corp. cases with Alpha Scientific Corp., )

Article Excerpt
The U.S. Court of Appeals for the Federal Circuit affirmed a district court's decision granting summary judgment of non-infringement holding that the accused device did not infringe literally or under the doctrine of equivalents due to prosecution history estoppel. Helena Laboratories Corp. v. Alpha Scientific Corp., Case No. 07-1503, (Fed. Cir., April 16, 2008) (Moore, J.).

The case stemmed from...

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