Posts Tagged: doctrine of equivalents


Entire Market Value Rule Inappropriate When Patented Feature Not Sole Driver of Customer Demand

Power Integrations, Inc. owns U.S. Patent Nos. 6,212,079 ("the '079 patent") and 6,538,908 ("the '908 patent"). Power Integrations sued Fairchild Semiconductor Corporation and Fairchild (Taiwan) Corporation (collectively "Fairchild") …

Disputed Claim Construction Not Suitable for Resolution on a Motion to Dismiss

Nalco asserted that the only difference between its patented method and the Chem-Mod Process was the location of the injection. The district court dismissed Nalco's complaints for …

Patentee Fails to Prove Equivalents did not Ensnare the Prior Art

Crafting a proper hypothetical claim is a prerequisite to whether a theory of infringement under the doctrine of equivalents would also ensnare the prior art. The burden …

UK Supreme Court says regardless of Article 2, doctrine of equivalents exists under UK patent law

The UK Supreme Court recently addressed the extent to which under the European Patent Convention 2000 (“EPC 2000”), a patentee may obtain protection against products or processes that are …
By Patrick Cantrill
2 years ago 4

Federal Circuit Affirms Non-Infringement and Untimely Assertion of DOE Infringement

The Federal Circuit found that the specification explicitly supported the district court’s claim construction, which precluded a finding of infringement. Two passages specified the meaning of, …

Federal Circuit Affirms Doctrine of Equivalents Analysis Using Appropriate Hypothetical Claim

The Federal Circuit held that it is not the case that a patent must spell out a claim element’s function, way, and result, for the doctrine …

Federal Circuit affirms district court’s summary judgment of non-infringement

Akzo appealed from the decision of the district court (Chief Judge Leonard Stark) to grant summary judgment to Dow, which found that Dow did not infringe the …
By Gene Quinn
3 years ago 2

Wi-LAN suffers Federal Circuit defeat to Apple in patent dispute

Wi-LAN argued that even if they could not prove direct infringement, a structure that performs the steps in the reverse order should properly be found to infringe …
By Gene Quinn
4 years ago 5

Infringement Under Doctrine of Equivalents Not Established by General Similarities

Advanced Steel sued X-Body Equipment for infringement of a method of loading shipping containers with bulk material. The “proximate end” of the claimed transfer base, for moving …

Mirror Worlds v. Apple: Apple Operating System Does Not Infringe

Mirror Worlds also alleged that Apple induced its customers to infringe claim 13. The infringement theory in play here is called inducement and is found in 35 U.S.…
By Gene Quinn
7 years ago 2

Federal Circuit Again Rules Equivalent Foreseeable in Duramed

In Duramed, the invention claimed in U.S. Pat. No. 5,908,638 (the “’638 patent”) involved a conjugated estrogen pharmaceutical compositions for use in hormone replacement therapies. The critical aspect …
By Eric Guttag
8 years ago 3

A New Doctrine of Equivalents? CAFC Defines “Use” Under §271

I wonder why we are discussing the definition of “use” under § 271(a) at all. It would seem that the Federal Circuit is potentially broadening the definition of “…
By Gene Quinn
8 years ago 4

Top Patent Stories of the Decade 2000 – 2009 (Part 1)

This year as we wind down and look back we not only need to look back at the previous year, but the first decade of the new …
By Gene Quinn
10 years ago 18