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Extract to table / memo-rebuttal-prosecution-history-estoppel.docx
memo-rebuttal-prosecution-history-estoppel.docx
Parties
Fenwick LLP
Optiwave Semiconductor Corp
Festo Corp
Hamilton Sundstrand Corp
In Intervet Inc
Merial Ltd
Raytek Corp
See Cybor Corp
Dates
December 12, 2022
September 12, 2022
October 3, 2022
December 19, 2022
January 9, 2023
January 30, 2023
March 14, 2017
March 19, 2019
September 6, 2016
June 22, 2018
Amounts
Obligations
For the Festo presumption to apply, the amendment must have been made for a "substantial reason related to patentability
The patentee must come forward with evidence and argument sufficient to persuade the court that the presumption of surrender has been overcome
Impact Assessment for '567 Patent DOE Theory Even if the Festo presumption is successfully rebutted — that is, even if the Court finds that one of the three Festo exceptions applies and PHE does not bar DOE for the "adiabatically coupled" limitation — OWS still must prove that Lumos's segmented taper design is equivalent to the claimed "adiabatic" coupling under the applicable test for equivalence