The Iowa litigation of Primos v. Hunter’s Specialties (Fed. Cir. 2006, 05Â?1001) is garneringng a lot of buzz on intellectual property blogs around the country. A blog post at PatentlyO opines that the ruling by the Court of Appeals for the Federal Circuit in that case really means that the Festo presumption that a limitation surrenders all coverage between the original and new language is rebuttable. Citing Festo, the Federal Circuit held that a patentee may overcome the Festo presumption where the rationale underlying the amendment bears no more than a tangential relation to the equivalent in the allegedly infringing device.
For additional insight into this Iowa patent litigation, refer to Patent Hawk which has also provided blog coverage.