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Federal Circuit Applies Rebuttable Presumption of Surrender Established by Supreme Court in Festo

 By Goodwin Procter LLP

The opinion of the United States Court of Appeals for the Federal Circuit in Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., 95-1066 (Fed. Cir. Sept. 26, 2003), is the most recent in a case that has spent the better part of a decade in the courts. It comes almost a year and a half after the United States Supreme Court reversed an earlier en banc Federal Circuit decision holding that no range of equivalents for an amended claim limitation is available under the doctrine of equivalents when prosecution history estoppel applies.

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