BICON, INC. V. STRAUMANN Co.: THE FEDERAL CIRCUIT SPECIFICALLY EXCLUDED CLAIM VITIATION TO ILLUSTRATE A NEW LIMITING PRINCIPLE ON THE DOCTRINE OF EQUIVALENTS

摘要

If the Federal Circuit had its way, the doctrine of equivalents would be no more. Over the past few years, the court has literally thrown everything but the kitchen sink at the doctrine through its adoption of a number of rules restricting the doctrine's scope. Because the Supreme Court only reprimanded the Federal Circuit for those principles intending to eliminate or drastically change the doctrine of equivalents, the Federal Circuit was free to implement rules which slightly but unquestionably impaired the application of the doctrine. Without further intervention by the Supreme Court, the Federal Circuit's gradual reduction of the doctrine's scope has the potential to effectively destroy the doctrine of equivalents over time.