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Patent Law Keyed to Adelman
Johnson & Johnston Associates, Inc. v. R.E. Service, Co.
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- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
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- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Plaintiff's patent for the manufacturing of printed circuit boards claims an assembly that prevents damage caused by manual handling of the sheets of copper foil during manufacturing. The invention attaches the fragile copper foil to a stronger supporting material, a sheet of aluminum. Defendant then began making new laminates for manufacture of printed circuit boards. Its products attached copper foil to a sheet of steel as the supporting material, instead of a sheet of aluminum. Plaintiff alleged infringement of its patent by Defendant. On cross-motions for summary judgment, the district court ruled that the patent did not commit the steel supporting material to the public. Under the doctrine of equivalents, a jury found infringement. The court of appeals ordered en banc rehearing regarding the issue of doctrine of equivalents. Defendant argued on appeal that Plaintiff did not claim steel supporting material, but limited its patent scope to aluminum supporting material, therefore committing this unclaimed subject matter to the public and therefore the district court should have ordered summary judgment in its favor.
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