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The Doctrine of Equivalents Analysis after Wilson Sporting Goods

Abstract

The doctrine of equivalents is an equitable doctrine available to patentees who cannot prove actual infringement but believe equity compels a finding of infringement. The Court of Appeals for the Federal Circuit decision in Wilson increases the burden a patentee bears in asserting the doctrine of equivalents. Strictly applied, Wilson's onerous requirements might serve to discourage patentees in their quest for equity. In reality, Wilson's framework has largely been disregarded.

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35 Ariz. L. Rev. 765 (1993)

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Authors

Jean M. Barkley

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