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Maintaining Claim Scope after Johnson & Johnston
The Supreme Court's decision in Festo has been hailed by many as being one of the most significant cases to impact the patent system. Festo Corp. v. Shoektsu Kinzoku Kogyo Kabushiki Co., Ltd., 122 S.Ct. 1831 (2002). Some say that more significant than Festo is Johnson, in which the Federal Circuit held that subject matter disclosed but not claimed in a patent cannot be covered by the doctrine of equivalents. See Johnson & Johnston Associates Inc. v. R.E. Service Co., 285 F.3d 1046 (Fed. Cir. 2002) (en banc).
The claims at issue in Johnson are directed to a disposable substrate for use in manufacturing articles such as printed circuit boards. The specification says the substrate can be made of aluminum, stainless steel, nickel alloy, or polypropylene. In the claims, the substrate is made of aluminum. The alleged infringers used steel. The district court found that the defendants infringed under the doctrine of equivalents and that such infringement was willful. The Federal Circuit then reversed, holding that because the patentee disclosed but did not claim steel as a substrate, steel had been “dedicated to the public” and therefore could not be construed as an equivalent to aluminum.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.