Word of the Day
Estop (eh-STAHP)
Common clues: Bar at the bar; Bar legally
Definition: In law, the principle preventing someone from asserting a claim inconsistent with what was previously alleged.
[Courtesy:
Dan
Hagerman]
Tuesday, January 8, 2002
To
Estop or Not to Estop? That Is the Patent
Question
Festo Corporation v. Shoketsu Kinozoku
Kogyo Kabushiki Co., Ltd, A/K/A SMC Corporation and SMC
Pneumatics, Inc.
Docket No. 00-1543
From: The
Federal Circuit
Case at a Glance
The Supreme Court will review a federal circuit's controversial en banc decision that expanded the doctrine of "prosecution history estoppel" in a way that would significantly limit the use of the "doctrine of equivalents," a very important aid to patent owners in infringement actions. How the Court balances these two doctrines will be important not only with regard to the scope of patent protection but also to the process of how patents are obtained.
Previewed by Hugh C. Hansen, a professor of law at Fordham University School of Law in New York City.
Supreme Court Decision: Click to read decision
[Source: ABANET.org]
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