News & Analysis as of

Doctrine of Equivalents

McDonnell Boehnen Hulbert & Berghoff LLP

Wisconsin Alumni Research Foundation v. Apple Inc. (Fed. Cir. 2024)

In a joint appeal of two adverse decisions from the District Court, the Federal Circuit on procedural grounds rejected an appeal from the Wisconsin Alumni Research Foundation ("WARF") in Wisconsin Alumni Research Foundation...more

WilmerHale

Federal Circuit Patent Watch: An Expert Need Not Have Acquired the Requisite Skill Level Prior to the Time of the Invention

WilmerHale on

Precedential and Key Federal Circuit Opinions - WISCONSIN ALUMNI RESEARCH FOUNDATION v. APPLE INC. [OPINION] (2022-1884, 8/28/2024) (Prost, Taranto, and Chen) - Prost, J. The Court affirmed two final judgments of the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2024

Wisconsin Alumni Research Foundation v. Apple Inc., Appeal Nos. 2022-1884, -1886 (Fed. Cir. Aug. 28, 2024) In its only precedential patent decision last week, the Federal Circuit brought to a close a long-running dispute...more

Knobbe Martens

Are Literal Infringement and the Doctrine of Equivalents the Same Issue?

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Before Prost, Taranto, and Chen.  Appeal from the United States District Court for the Western District of Wisconsin. Summary: Literal infringement and infringement under the doctrine of equivalents are treated as the same...more

Axinn, Veltrop & Harkrider LLP

Literal Infringement Is Identical to Infringement Under DOE … for Issue Preclusion

On August 28, 2024, the Federal Circuit issued a precedential decision regarding issue preclusion in Wisc. Alumni Research Found. v. Apple Inc., Nos. 2022-1884, 2022-1886. For issue preclusion to apply, “the issue actually...more

American Conference Institute (ACI)

[Event] Pharma & Biotech Patent Litigation Conference in Europe - May 29th - 30th, Amsterdam, Netherlands

Hosted by C5 Group, the 17th Annual Forum on Pharma & Biotech Patent Litigation in Europe returns for another exciting year with curated programming that will provide up-to-the-minute information and strategic insights on...more

Axinn, Veltrop & Harkrider LLP

Doctrinal Lessons on the Doctrine of Equivalents

Judge Bryson's recent decision sitting by designation in Prolitec Inc. v. Scentair Technologies, LLC., No. 20-984-WCB, 2024 WL 341342 (D. Del. Jan. 30, 2024), provides two important reminders on the utility of an accused...more

McDermott Will & Emery

Sound the Alarm: Reasonable Royalty Apportionment Analysis Overlooks “Sleep State”

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After a jury found infringement of two patents and awarded almost $2.2 billion in damages, the US Court of Appeals for the Federal Circuit reversed the infringement finding for one asserted patent, vacated the damages award...more

Proskauer - Minding Your Business

Scope of Issued Patents May be Limited by Prosecution Estoppel Created in Child Cases

Cell therapy products in the U.S. are estimated to be worth approximately $4.5 billion currently and expected to grow to over $30 billion in the next ten years. As market value increases litigation is bound to heat up....more

Smith Anderson

Stroke of Genus: Amgen Inc. v. Sanofi

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The U.S. Supreme Court recently struck down broad patent claims covering a “genus” of antibodies, reaffirming in a 9-0 decision that a patent must “enable” the full scope of its claims (Amgen Inc. v. Sanofi). Amgen, Inc.,...more

Womble Bond Dickinson

Furniture Augmented Reality Technology at the Center of Patent Infringement Dispute

Womble Bond Dickinson on

AR Design Innovations LLC v. Rove Concepts Ltd., Case no. 2:23cv310 (E.D. Texas, June 26, 2023) - Virtual and augmented reality technology increasingly is finding a place in a wide range of industries, and home...more

Buckingham, Doolittle & Burroughs, LLC

Amgen is Not the End of Chemical Innovation

Some chemical innovators have found the recent Supreme Court decision in Amgen v. Sanofi to suggest that chemical inventions will be subject to new and draconian disclosure standards going forward. A few have even suggested...more

MoFo Life Sciences

Practical Strategies For Protecting Innovations Under The Doctrine Of Equivalents

MoFo Life Sciences on

Recent case law highlights enablement and written description challenges for genus claims. Given the challenges of enforcing genus claims, the doctrine of equivalents (DOE) may become a more important tool for patentees when...more

MoFo Life Sciences

Five Questions After Amgen V. Sanofi

MoFo Life Sciences on

The Supreme Court’s recent decision in Amgen v. Sanofi puts a spotlight on enablement of functionally defined claims. Future developments may shed light on a number of remaining questions for patent applicants. Here are five...more

Irwin IP LLP

Amended Complaint Gives Plaintiff a Do-Over, Not the Defendant

Irwin IP LLP on

Power Probe Grp., Inc. v. Innova Electronics Corp., 21-cv-00332 (D. Nev. Apr. 27, 2023) While it is accepted that filing an amended complaint supersedes the original complaint rendering it without legal effect, a defendant...more

MoFo Life Sciences

Is DOE Now In Vogue?

MoFo Life Sciences on

On March 27, 2023, the U.S. Supreme Court heard oral arguments in Amgen Inc. v. Sanofi, a closely watched case on the issue of enablement under 35 U.S.C. § 112(a). Though not the main point of contention, the doctrine of...more

McDonnell Boehnen Hulbert & Berghoff LLP

The Supreme Court grapples with patent enablement

The Supreme Court heard oral arguments in Amgen v. Sanofi yesterday in an extended session with arguments from the parties and the U.S. government. The Justices showed a great deal of interest, albeit with some difficulty,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions: Kyocera Senco Indus. Tools v. Int’l Trade Comm’n,...

The patent holder, Kyocera, filed a complaint in the International Trade Commission against Koki in Certain Gas Spring Nailer Prods. & Components Thereof, Inv. No. 337-TA-1082, 2020 WL 2093834 (Apr. 28, 2020). Kyocera’s...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Kilpatrick

Protecting Antibody Innovations: Searching for Equivalents under The Doctrine of Equivalents —A Discussion of Teva v. Eli Lilly...

Kilpatrick on

United States courts have recently tightened the written description requirements for antibody claims. The scope of issued claims is now often limited to antibodies with specific sequences of the CDR and the heavy chain and...more

McDonnell Boehnen Hulbert & Berghoff LLP

Supreme Court Grants Certiorari in Amgen v. Sanofi

High Court Will Tackle Proper Enablement Standard - Constituting something of a surprise, the Supreme Court on Friday, November 3rd granted Amgen's petition for certiorari on the second of the Questions Presented in its...more

Robins Kaplan LLP

Azurity Pharms., Inc. v. Alkem Labs., Ltd.

Robins Kaplan LLP on

Case Name: Azurity Pharms., Inc. v. Alkem Labs., Ltd., No. 20-cv-1094, 2022 WL 605746 (D. Del. Jan. 31, 2022) (Goldberg, J.) Drug Product and Patent(s)-in-Suit: Firvanq® (vancomycin HCl); U.S. Patents Nos. 10,493,028 (“the...more

Sunstein LLP

It’s Not Complicated: Make Sure the Technical Expert You Retain to Testify About Infringement Has Credentials That Match the Level...

Sunstein LLP on

In infringement suits, the patentee must show that each element of a patent claim is infringed either literally by an accused product or infringed under the doctrine of equivalents. Literal infringement means the accused...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights: January 2022 - Federal Circuit Holds that Your Technical Expert Must be a POSA

In Kyocera Senco Industrial Tools Inc. v. International Trade Commission, the Federal Circuit held in a precedential opinion that expert witnesses must at least have ordinary skill in the art. Because Kyocera’s expert did not...more

Morrison & Foerster LLP - Federal Circuitry

One Last look at Patent Cases in January

Last week wrapped up a busy January for the Federal Circuit. Oral arguments returned to a telephonic format, and arguments next month will be by video (although still audio-only for the public). As the month is now in the...more

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