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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.
Less Disclosure = More Protection?
Bonus Content: How Emerging Technologies Are Impacting IP: A Chat With Legalweek Speaker Ryan Phelan
A Q&A with conference speaker Ryan Phelan, a partner at Marshall, Gerstein & Borun and founder and moderator of legal blog PatentNext, to discuss how courts and jurisdictions are handling novel technologies, the copyrightability of AI-assisted art, and more.
Overview of Regulatory Guidance Governing the Use of AI Systems In the Workplace
Businesses have long embraced the use of computer technology in the workplace as a means of improving efficiency and productivity of their operations. In recent years, businesses have incorporated artificial intelligence and other automated and algorithmic technologies into their computer systems. This article provides an overview of the federal regulatory guidance and the state and local rules in place so far and suggests ways in which employers may wish to address these developments with policies and practices to reduce legal risk.
Is Google Search Dead? How AI Is Reshaping Search and SEO
This two-part article dives into the massive shifts AI is bringing to Google Search and SEO and why traditional searches are no longer part of the solution for marketers. It’s not theoretical, it’s happening, and firms that adapt will come out ahead.
While Federal Legislation Flounders, State Privacy Laws for Children and Teens Gain Momentum
For decades, the Children’s Online Privacy Protection Act has been the only law to expressly address privacy for minors’ information other than student data. In the absence of more robust federal requirements, states are stepping in to regulate not only the processing of all minors’ data, but also online platforms used by teens and children.
Revolutionizing Workplace Design: A Perspective from Gray Reed
In an era where the workplace is constantly evolving, law firms face unique challenges and opportunities in facilities management, real estate, and design. Across the industry, firms are reevaluating their office spaces to adapt to hybrid work models, prioritize collaboration, and enhance employee experience. Trends such as flexible seating, technology-driven planning, and the creation of multifunctional spaces are shaping the future of law firm offices.