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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.
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.