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Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co.

Case Number: CLB0018

Date: 09.26.2003

Question of law is presented by issue of whether patentee, having made narrowing claim amendment for substantial reason related to patentability, has successfully rebutted presumption that it has surrendered all territory between original claim limitation and amended limitation, since prosecution history estoppel is equitable in nature, and whether such estoppel applies presents question of law.

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