Doctrine of Equivalents

News & Analysis as of

No Foreseeability Bar to The Application of the Doctrine of Equivalents - Ring & Pinion Service, Inc. v. ARB Corp. LTD.

Addressing the doctrine of equivalents infringement of a means-plus-function limitation, the U.S. Court of Appeals for the Federal Circuit reversed and remanded a grant of summary judgment of non-infringement based on an...more

Doctrine of Equivalents Opinion Excluded Where Plaintiff Failed to Comply with Disclosures Required by Scheduling Order

TransUnion Intelligence LLC ("TransUnion") filed a patent infringement action against SearchAmerica. After expert reports were served, SearchAmerica moved to exclude all references to the doctrine of equivalents and sought...more

Federal Circuit Decision Highlights Seldom-Used Doctrine of Equivalents Analysis

The Federal Circuit’s August 27, 2013 decision in Applied Medical Resources Corp. v. Tyco Healthcare Group LP (Case No. 2012-1412) (nonprecedential) relied on the seldom-used “difference in kind” test in analyzing...more

BakerHostetler Patent Watch: Cheese Sys., Inc. v. Tetra Pak Cheese and Powder Sys., Inc.

Where a court holds a claim obvious without making findings of secondary considerations, the lack of specific consideration of secondary considerations ordinarily requires a remand....more

IP Update, Vol. 16, No. 3, March 2013

In This Issue: Supreme Court - Supreme Court Finds That “First Sale” Doctrine Applies to Works Patents - Joint Actors as It Relates to Method Claim Infringement; Federal Circuit Ruling Clears Way...more

Patent Watch: Brilliant Instruments, Inc. v. GuideTech, Inc.

On February 20, 2013, in Brilliant Instruments, Inc. v. GuideTech, Inc., the U.S. Court of Appeals for the Federal Circuit (Dyk, Moore,* Reyna) reversed and remanded the district court's summary judgment that Brilliant did...more

Federal Circuit Review - Volume 2 | Issue 12 December 2012

In This Issue: • Indexing Not Required for Online Prior Art Publication • Claim Indefinite for Not Disclosing Any Structure • Aluminum Not Inherently Disclosed - Excerpt from Claim Indexing Not Required...more

Intellectual Property Newsletter - December 2012

In This Issue: ..News From the Bench: - Clarification of the “Vitiation Test” when applying the Doctrine of Equivalents. - The “Success More Likely Than Not” and “Ordinary Observer” Standards for a...more

Federal Circuit Review - Volume 2 | Issue 11 November 2012

In This Issue: • Doctrine of Equivalents: What Constitutes a Disclosed but not Claimed Equivalent? • When “Each” Means “Every”: Apple Loses a Round in Its Ongoing Battle with Samsung • Capturing Advances in...more

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