Duquesne Law Review


The Supreme Court of the United States held that the doctrine of equivalents is not inconsistent with the Patent Act; that the doctrine of equivalents is to be applied to individual elements of a patent claim as opposed to the invention as a whole; that prosecution history estoppel applies to all changes made to an application during prosecution in the form of a rebuttable presumption against the patentee that can be overcome with a sufficient showing that the change was not relevant to patentability.

Warner-Jenkinson Co., Inc. v. Hilton Davis Chem. Co., 117 S. Ct. 1040 (1997).

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