FESTO CORP. v. SHOKETSU KINZOKU KOGYO KABUSHIKI CO.

No. 00-1543.

535 U.S. 722 (2002)

FESTO CORP. v. SHOKETSU KINZOKU KOGYO KABUSHIKI CO., LTD., et al.

United States Supreme Court.

Decided May 28, 2002.


Attorney(s) appearing for the Case

Robert H. Bork argued the cause for petitioner. With him on the briefs were Charles R. Hoffmann, Gerald T. Bodner, Glenn T. Henneberger, Anthony E. Bennett, Andrew L. Frey, Donald M. Falk, and Robert L. Bronston.

Deputy Solicitor General Wallace argued the cause for the United States as amicus curiae. With him on the brief were Solicitor General Olson, Acting Assistant Attorney General Schiffer, Jeffrey P. Minear, Vito J. DiPietro, Anthony J. Steinmeyer, Howard S. Scher, and Linda Moncys Isacson.

Arthur I. Neustadt argued the cause for respondents. With him on the brief were Charles L. Gholz, Robert T. Pous, and James B. Lampert.*

Kennedy, J., delivered the opinion for a unanimous Court.


Justice Kennedy delivered the opinion of the Court.

This case requires us to address once again the relation between two patent law concepts, the doctrine of equivalents and the rule of prosecution history estoppel. The Court considered the same concepts in Warner-Jenkinson Co. v. Hilton Davis Chemical Co., 520 U.S. 17 (1997), and reaffirmed

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