· 3/4/1985
Builders Concrete, Inc. v. Bremerton Concrete Products Company
Citations
- 757 F.2d 255
- 225 U.S.P.Q. (BNA) 240
- 1985 U.S. App. LEXIS 14732
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that prosecution history estoppel applies to a claim containing a limitation that was allowed as originally filed based on the addition of the same limitation in a separate claim
- holding that prosecution history estoppel applies to a claim containing a limitation that was allowed as originally filed based on the addition of the same limitation in a separate claim
- need not decide factual issue of equivalence if prosecution history estoppel precludes finding of infringement
- “The fact that the ‘passage’ clause of patent claim 10 was not itself amended during prosecution does not mean that it can be extended by the doctrine of equivalents to cover the precise subject matter that was relinquished in order to obtain allowance of claim 1”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bennett, Davis, Newman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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