Atlantic Thermoplastics Co., v. Faytex Corp. (United States Court of Appeals, Federal Circuit, Jul 13, 1992. 970 F.2d 834 (Fed. Cir. 1992)

Case Description

The Federal Circuit deviates from earlier precedent (Scripps Clinic, see case summary) in applying different treatment to patent claims in the context of patent prosecution on the one hand and in the context of patent litigation on the other hand. This case concerns in particular the scope of product-by-process claims. It also provides a useful illustration of how to examine infringement of a process claim in terms of literal infringement and the doctrine of equivalents.

Decision Year
Pre-grant flexibilities