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Can't hide from Festo

The U.S. Court of Appeals for the Federal Circuit continues to be dogged by the question of how to determine whether a patent holder can use a doctrine-of-equivalents defense in patent litigation.

The CAFC's attempt to impose a complete bar to the use of amended claims to erect an equivalence defense was turned back by the U.S. Supreme Court in Festo v. SMC Pneumatics this year. With the case remanded back into its hands, the Federal Circuit

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