Prosecution History Estoppel

June 30, 2011

  • Array

291 PatentsProsecution history estoppel is designed to prevent a patentee from recapturing through litigation what it has surrendered during patent prosecution to appease a skeptical patent examiner.
Duramed Pharmaceuticals, Inc. v. Paddock Laboratories, Inc., 715 F. Supp. 2d 552 (S.D.N.Y. 2010)