Question: During prosecution of a patent application for a new lamp (which is significantly better than other lamps), Tom, the applicant, narrowed claims 4 and 6.
During prosecution of a patent application for a new lamp (which is significantly better than other lamps), Tom, the applicant, narrowed claims 4 and 6. The patent was granted, and Tom now believes that a similar and equivalent lamp infringes claims 4, 11, and 12 of his patent. What is the effect of Tom’s actions during the patent prosecution process? May Tom sue for infringement? Discuss and identify the legal principles, cases, and doctrines that govern your answer.
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It appears that Tom must rely on the doctrine of equivalents in this case because the facts that tha... View full answer
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