Warner-Jenkinson Company v. Hilton Davis Chemical Co. case brief

Warner-Jenkinson Company v. Hilton Davis Chemical Co. case brief summary
520 U.S. 17 (1997)

CASE SYNOPSIS

The Court granted certiorari from the United States Court of Appeals for the Federal Circuit, which held that petitioner company infringed upon respondent company's patent under the doctrine of equivalents.

DISCUSSION

• The Court reversed the decision of the lower court and remanded for further proceedings, as the court below, in deciding that petitioner infringed upon respondent's patent, failed to consider all of the requirements under the doctrine of equivalents. 
• Petitioner's primary argument was that the doctrine of equivalents did not survive the 1952 revision of the Patent Act, 35 U.S.C.S. § 100 et seq. 
• The Court declined to depart from the established doctrine of equivalents, noting that the 1952 Patent Act was not materially different from the 1870 Patent Act with regard to claiming, reissue, and the role of the Patent and Trademark Office. 
• Further, 35 U.S.C.S. § 112, P6, an added provision, was silent on the doctrine of equivalents as applied where there was no literal infringement. 
• The Court stated that the lengthy history of the doctrine of equivalents strongly supported adherence to its refusal, in prior case law, to find that the Patent Act conflicted with the doctrine.

CONCLUSION
The Court reversed and remanded the lower court's decision for further proceedings, as the court below, in deciding that petitioner infringed upon respondent's patent, failed to consider all of the requirements under the doctrine of equivalents.



Recommended Supplements for Criminal Procedure Criminal Procedure: Examples & Explanations, Sixth Edition
Emanuel Law Outline: Criminal Procedure