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Doctrine of Equivalents and the “Flexible Bar” Restored By Ury Fischer In a much anticipated decision, the U.S. Supreme Court has vacated the ruling of the U.S. Court of Appeals for the Federal Circuit in the Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. case. The Supreme Court’s unanimous opinion […]

A Patent Split Emerges in the High Court On May 15, 2006, the Supreme Court issued its opinion in the widely followed eBay Inc v. MercExchange, L.L.C. case. (A copy of the opinion may be downloaded here.) In reversing the Federal Circuit, the Supreme Court held that a patent holder […]