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Article: Applying The Disclosure-Dedication Rule to Implicit Disclosures.(Johnson & Johnston Assoc. Inc. v. R.E. Service Co. Inc., PSC Computer Prods. Inc. v. Foxconn International, Inc.)
- Article from:
- Mondaq Business Briefing
- Article date:
- July 22, 2004
CopyrightCOPYRIGHT 2004 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Reprinted with permission from the IP Litigator, May/June 2004
Published by Aspen Law & Business
In 2002, the Federal Circuit issued its en banc decision Johnson & Johnston Assoc., Inc. v. R.E. Service Co. Inc., 285 F.3d 1046, 62 USPQ2d 1225 (Fed. Cir. 2002) (en banc), where it held that a patentee may not cover under the doctrine of equivalents subject matter disclosed in the patent but not included in the literal scope of any claim. The court ruled that in such a circumstance, the patent applicant dedicates to the public the disclosed but nonclaimed subject matter. Consequently, a patentee may not claim infringement under the doctrine of equivalents ...