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GEVERS | European Union | 9 Jan 2023

Doctrine of equivalents and prosecution history estoppel: why does the wording of patent claims matter?

🕑 4 minutes According to the European Patent Convention and its Protocol on Interpretation, patent claims should be interpreted by adopting a balanced approach that combines fair protection for the patent holder with a reasonable degree of certainty for third parties. This article discusses how patent claims are interpreted in light of two important legal principles: the doctrine of......
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LexOrbis | India | 29 Oct 2022

Doctrine Of Promissory Estoppel And Its Application Against Government - An Explainer

The doctrine of promissory estoppel is an equitable doctrine evolved by equity to prevent injustice. The doctrine estops the promisor to retract from…
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Penningtons Manches Cooper LLP | United Kingdom | 19 Oct 2022

Guest v Guest proprietary estoppel test case: Supreme Court allows appeal in part

The Supreme Court this morning allowed an appeal in part in a long running dispute between two parents and their son about promises made by the…
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Bird & Bird LLP | China | 27 Sep 2022

Reverse Estoppel: Application of the Rule in the Chinese legal system

This article will discuss the application of the concept of “reverse estoppel” as enshrined in related legal provisions, and the factors considered…
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Reed Smith LLP | USA | 5 Aug 2022

When Does Offensive Non-Mutual Collateral Estoppel Apply in MDLs?

The issue is when offensive non-mutual collateral estoppel applies to a case that was part of an MDL. More specifically, the issue is which State’s…
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Oh-Ebashi LPC & Partners | Japan | 5 Jul 2022

意匠に係る査定系審決取消訴訟における禁反言の法理

本件は意匠登録出願拒絶査定に対する不服審判請求を不 成立とした審決(不服2020-11187号事件)の取消訴訟です。原 告の意匠出願内容…
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Penningtons Manches Cooper LLP | United Kingdom | 4 Jul 2022

Promises, promises, promises… Guest v Guest and proprietary estoppel

The issue of proprietary estoppel has come to the fore again in the case of Guest v Guest which was heard in the Supreme Court in December 2021 and on…
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Kilpatrick Townsend & Stockton LLP | USA | 21 Jun 2022

Update on IPR Estoppel

No estoppel if IPR not instituted. A recent district court case confirms that IPR estoppel does not apply to IPR petitions that are not instituted…
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Thompson Coburn LLP | USA | 7 Jun 2022

IPR estoppel on grounds similar, but not identical, to grounds that could have been raised in an IPR

In California Institute of Technology v. Broadcom Limited (“Cal Tech”), the Federal Circuit clarified the scope of inter partes review (IPR) estoppel…
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