Kemnetz: Warner-Jenkinson v. Hilton Davis Petitioner Brief Debate: Difference between revisions
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Created page with " == Pro-Petitioner Brief Side == Narrow doctrine of equivalence: # Claim language matters # 6-9pH, ours worked when theirs wouldn't (under 6 pH) # Don't get rid of the doctrine,..." |
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== Pro-Petitioner Brief Side == | == Pro-Petitioner Brief Side == | ||
Narrow doctrine of equivalence: | Narrow doctrine of equivalence: | ||
# Claim language matters | '''# Claim language matters''' | ||
# 6-9pH, ours worked when theirs wouldn't (under 6 pH) | # 6-9pH, ours worked when theirs wouldn't (under 6 pH) | ||
# Don't get rid of the doctrine, but element-by-element application will narrow the effects. | # Don't get rid of the doctrine, but element-by-element application will narrow the effects. | ||
| Line 14: | Line 13: | ||
# Doctrine not explicitly removed --> keep traditional form | # Doctrine not explicitly removed --> keep traditional form | ||
# Needs to be element-by-element analysis, keep it to a case-by-case basis, factual analysis | # Needs to be element-by-element analysis, keep it to a case-by-case basis, factual analysis | ||
# Not growing claims, but are the differences insubstantial? | '''# Not growing claims (unbounded claims), but are the differences insubstantial? | ||
## Are the property boundaries off by an inch? or half of the yard?''' | |||
Revision as of 16:36, 30 March 2011
Pro-Petitioner Brief Side
Narrow doctrine of equivalence: # Claim language matters
- 6-9pH, ours worked when theirs wouldn't (under 6 pH)
- Don't get rid of the doctrine, but element-by-element application will narrow the effects.
Pro-Respondent Brief Side
Statutory interpretation:
- Doctrine not explicitly removed --> keep traditional form
- Needs to be element-by-element analysis, keep it to a case-by-case basis, factual analysis
# Not growing claims (unbounded claims), but are the differences insubstantial?
- Are the property boundaries off by an inch? or half of the yard?
