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The Dedication Rule's Effect on Business Strategy
While the Federal Circuit's direct assault on the applicability and scope of the doctrine of equivalents may have been set back by the Supreme Court in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd., 535 U.S. 722 (2002), the so-called Dedication Rule continues to limit the scope of equivalents under some circumstances. This controversial rule deems any subject matter that is disclosed in the specification, but falls outside the literal scope of the claims, to be dedicated to the public. This judicially created doctrine effectively denies patent protection, even under the doctrine of equivalents, to the subject matter that is disclosed, but left unclaimed, in the patent. This rule has been criticized both from legal and practical perspectives, and continued adherence to this rule could significantly impact the business policies and prosecution decisions of many patentees.
History of the Dedication Rule
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
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.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Protecting Innovation in the Cyber World from Patent Trolls
With trillions of dollars to keep watch over, the last thing we need is the distraction of costly litigation brought on by patent assertion entities (PAEs or "patent trolls"), companies that don't make any products but instead seek royalties by asserting their patents against those who do make products.