WARNER-JENKINSON CO., INC.
v.
HILTON DAVIS CHEMICAL CO.
United States Supreme Court.https://leagle.com/images/logo.png
Argued October 15, 1996.
Decided March 3, 1997.
Attorney(s) appearing for the Case
Richard G. Taranto argued the cause for petitioner. With him on the briefs were H. Bartow Farr III and J. Robert Chambers.
Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae. With him on the brief were Solicitor General Days, Assistant Attorney General Bingaman, Cornelia T. L. Pillard, Nancy J. Linck, and Albin F. Drost.
David E. Schmit argued the cause and filed a brief for respondent.*
Thomas, J., delivered the opinion for a unanimous Court. Ginsburg, J.,filed a concurring opinion, in which Kennedy, J., joined, p. 41.
United States Supreme Court.
Justice Thomas, delivered the opinion of the Court.
Nearly 50 years ago, this Court in Graver Tank & Mfg. Co. v. Linde Air Products Co.,339 U.S. 605 (1950), set out the modern contours of what is known in patent law as the "doctrine of equivalents." Under this doctrine, a product or process that does not literally infringe upon the express terms of a patent claim may nonetheless...
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