Eli Lilly and Company v. Hospira, Inc.

 
APPEAL NO.
18-2126
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Lourie

Question(s) Presented

“When an alleged equivalent falls within the territory surrendered by a patentee’s narrowing amendment, does the ‘tangential’ exception to prosecution history estoppel apply because the patentee surrendered more than necessary to avoid the examiner’s rejection?”

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