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People also ask
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What is the doctrine of file wrapper estoppel?
In its broadest formulation, file wrapper estoppel has been held to mean that the patentee cannot use equivalents to expand the claim scope in an infringement action in a way that is inconsistent with his position on claim scope before the Patent Office as reflected in the pat- ent file wrapper.
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How does prosecution history estoppel work?
Prosecution history estoppel, also known as file-wrapper estoppel, is a term used to indicate that a person who has filed a patent application, and then makes narrowing amendments to the application to accommodate the patent law, may be precluded from invoking the doctrine of equivalents to broaden the scope of their ...
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What is the meaning of equity by estoppel?
Equitable estoppel serves as a safeguard against unfair and unjust conduct by ensuring that parties are held to their promises, representations, or acts when it would be unconscionable or inequitable to allow them to backtrack.
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What are the four elements of equitable estoppel?
3d 462], the Supreme Court stated the four basic elements of estoppel: (1) the part to be estopped must be apprised of the facts; (2) he must intend that his conduct shall be acted upon, or must so act that the part asserting the estoppel had a right to believe it was so intended; (3) the other party must be ignorant ...
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What is equitable estoppel in patent law?
04/05/16) (aff'g holding of equitable estoppel: “(1) the patentee, through misleading conduct (or silence), leads the alleged infringer to reasonably infer that the patentee does not intend to enforce its patent against the alleged infringer; (2) the alleged infringer relies on that conduct; and (3) the alleged ...
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What is the difference between laches and equitable estoppel?
Laches bars a claim when a party unreasonably delays asserting a right, causing prejudice to the other party. Equitable estoppel prevents a party from asserting a claim or right when their actions, representations, or silence when there was a duty to speak, caused the other party to detrimentally rely.
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What is the doctrine of estoppel in patent law?
“Estoppel” in patent law is a legal term meaning that a second argument is barred if it is inconsistent with a first argument. In a patent context, it bars an inventor from admitting something to the Patent and Trademark Office and later contradicting that admission, whether before the PTO or before a court.
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What is equitable estoppel in simple terms?
Equitable estoppel is intended to prevent unfair outcomes. If you rely on assertions or promises made by someone who you should be able to trust, it would be an unfair outcome if the person or company upon which you relied could act as if those assertions or promises were never made.
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