Eagle Pharmaceuticals Inc. v. Slayback Pharma LLC.
The doctrine of equivalents cannot be used to capture unclaimed subject matter disclosed in the specification.
The doctrine of equivalents cannot be used to capture unclaimed subject matter disclosed in the specification.
“Unclaimed boundary” lines in continuation application for design patent, which indicate that applicant has disclaimed portion beyond boundary while claiming area within it, typically should satisfy written description requirement only if lines make explicit boundary that already exists, but was unclaimed, in original disclosure.
The doctrine of equivalents cannot be used to capture unclaimed subject matter disclosed in the specification.