Account

Sign in to access your account and subscription

Thorough Prior Art Searching and Careful Claim Drafting after Festo and Johnson & Johnston

In 1963 the Supreme Court noted that patent applications "constitute one of the most difficult legal instruments to draw with accuracy." (<i>See Sperry v. Florida Ex. Rel. Florida Bar</i>, 373 U.S. 379, 383 (1963)). Recent decisions by both the Supreme Court and the Federal Circuit have made this task even more difficult. In particular, the Supreme Court's 2002 decision in <i>Festo v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd.</i> (535 U.S. 722) and the Federal Circuit's 2003 <i>Festo</i> remand decision, as well as the Federal Circuit's 2002 <i>Johnson &amp; Johnston</i> (285 F. 3d 1046) (344 F. 3d 1359) decisions, all had significant narrowing effects on the doctrine of equivalents.

11 minute read April 01, 2004 at 03:20 PM
By
Andrew J. Olek
Thorough Prior Art Searching and Careful Claim Drafting after Festo and Johnson & Johnston

In 1963 the Supreme Court noted that patent applications “constitute one of the most difficult legal instruments to draw with accuracy.” (See Sperry v. Florida Ex. Rel. Florida Bar, 373 U.S. 379, 383 (1963)).

This premium content is locked for LawJournalNewsletters subscribers only

ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN LawJournalNewsletters

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

Already have an account? Sign In Now

For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.

NOT FOR REPRINT

© 2026 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.

Continue Reading

AI claims are getting more scrutiny and regulators are looking more closely at whether organizations can substantiate what they say their AI does, while courts are beginning to address what happens when AI-generated search summaries get information wrong.

November 01, 2026

This is the second in a two-part series on AI-driven crises. Part 1 examined communications during an incident while the facts are still developing. Part 2 addresses crisis plans, governance and tabletop exercises before an agent acts on behalf of the business.

November 01, 2026