Will the Supreme Court choose to weigh in (again) on prosecution history estoppel? [Westlaw]

Blake Coblentz and Aaron Lukas speculate over the possibility of the Supreme Court revisiting patent prosecution history estoppel principles. Blake and Aaron wrote about how in the past year the Supreme Court has permitted several patentees to rely on it to prove infringement under the doctrine of equivalents. They discussed the case of Eli Lilly & Co. v. Hospira Inc. which is currently being considered by the Supreme Court. This case could provide further guidance on, and potentially cabin, the tangential exception and other aspects of Festo.

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W. Blake Coblentz

Co-Chair, Hatch-Waxman & Biologics
Vice Chair, Intellectual Property


(202) 912-4837

Aaron Lukas, Ph.D.

Co-Chair, Hatch-Waxman & Biologics


(202) 912-4823

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