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Supreme Court Overturns Festo Decision

An anonymous submitter wrote: "On Monday, the U.S. Supreme Court decided Festo v. Shoketsu Kinzoku Kogyo Kabushiki upholding the patent law "doctrine of equivalents" which says that patents cover insubstantial variations of a claimed invention. Previously, the Court of Appeals for the Federal Circuit had ruled that the doctrine of equivalents did not apply where the patentee had made ANY changes to his claims during the application process. This week, the Supreme Court reversed, holding that changes made during the application process must be examined individually to see whether they gave up coverage of a particular accused device." Another submitter sent in this good analysis of the decision. Patents are a boring subject, but in general: the Appeals Court's decision in this particular case would have had the effect of making nearly all patents less broad and more specific. The Supreme Court noted the business disruption this would cause, and they are undoubtedly correct about that, but I can't help feeling that our legal system just missed an opportunity to reign in patent abuse.

4 of 123 comments (clear)

  1. FP? by Anonymous Coward · · Score: -1, Troll

    fp-aroo!

    1. Re:FP? by Anonymous Coward · · Score: -1, Troll

      Damn you fucking bastard!!!

  2. Patents are a boring subject by Anonymous Coward · · Score: -1, Troll

    Patents are a boring subject

    You can say that again.

  3. Mississippi Ghostse by Anonymous Coward · · Score: -1, Troll

    A professor at the University of Mississippi is giving a
    lecture on the supernatural. To get a feel for his
    audience, he asks: "How many people here believe in
    ghostses?" About 90 students raise their hands.

    "Well, that's a good start. Out of those of you who
    believe in ghostses, do any of you think you've ever seen
    a ghostse?" About 40 students raise their hands.

    "That's really good. Has anyone here ever talked to a
    ghostse?" 15 students raise their hands.

    "That's great. Has anyone here ever touched a ghostse?" 3
    students raise their hands.

    "That's fantastic. But let me ask you one question
    further... Have any of you ever made love to a ghostse?"
    One student way in the back raises his hand.

    The professor is astonished and says, "Son, all the
    years I've been giving this lecture, no one has ever
    claimed to have slept with a ghostse. You've got to come
    up here and tell us about your experience."

    The redneck student replies with a nod and a grin, and
    begins to make his way up to the podium. The professor
    says, "Well, tell us what it's like to have sex with
    ghostse."

    The student replies, "Ghostse?!? From ah-way back there ah
    thought yuh said "goatse."