Intellectual Property Law

Chapter 20 Internet Resources Solutions

1. Review Chapter 2011 of the Manual of Patent Examining Procedure. What is the
central question in determining whether the doctrine of equivalents applies?
According to MPEP Section 2186, the essential objective inquiry is:

“Does the accused product or process contain elements identical or
equivalent to each claimed element of the patented invention?”

2. Access the website of the International Trade Commission. Review the
Frequently Asked Questions relating to Section 337 investigations. How long do
ITC investigations last?
Investigations must be completed at the earliest practicable time. The
ITC strives to complete investigations in less than 15 months
(although the website notes that it has been taking a longer time to
complete investigations in recent years).

3. Access the website for the U.S. Court of Appeals for the Federal Circuit. Access
“Statistics.” Review the caseload by category statistics (in pie-chart format) for
appeals filed in 2015. What percentage of appeals filed in the Federal Circuit in
2015 related to intellectual property?
The pie chart states that 62 percent of the appeals filed at the Federal
Circuit in 2015 related to intellectual property (1 percent came to the
court from the ITC; 24 percent from the USPTO; and 37 percent
from the district courts).

4. Access the website of the American Arbitration Association. Review the
Resolution of Patent Disputes Supplementary Rules. What does Rule 2 provide?
Rule 2 provides that the AAA shall establish and maintain a National
Panel of Patent Arbitrators, which will include individuals having
experience in patent law and/or special technical expertise, and shall
appoint arbitrators as provided in these rules or as agreed to by the
parties.