News & Analysis as of

Doctrine of Equivalents

Function/Way/Result Test Causes Headaches in Chemical Cases; Substitute Insubstantial Differences Test

In Mylan Institutional LLC v. Aurobindo Pharma Ltd., [2017-1645] (May 19, 2017), the Federal Circuit affirmed the grant of a preliminary injunction against the infringement of U.S. Patent 9,353,050 on a triarylmethane dye...more

Federal Circuit’s Primer on Equivalence Infringement of Chemical Process Patents

by Foley & Lardner LLP on

In an appeal characterized as “unusual,” the Federal Circuit affirmed the grant of a preliminary injunction, holding it likely that plaintiff patent holder would succeed on the merits its claim of infringement of a patent...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

In Mylan v. Aurobindo the Circuit affirms the grant of a preliminary injunction based upon the infringement of one of the three patents in suit. However, the panel reverses the injunction as to the other two patents based on...more

Summary Judgment Denied on Reverse Doctrine of Equivalents Defense

On April 28, 2017, the District Court for the District of Delaware denied AVM Technologies’ motion for summary judgment because Intel’s non infringement defense based on the reverse doctrine of equivalents requires the Court...more

USPTO Pulling Up the Ladder on Picture-Word Equivalency in Assessing Trademark Rights?

A recent stroll through the Minneapolis skyway and the above construction billboard reminded me that we haven’t discussed the picture-word equivalency doctrine in trademark law for some time....more

Summary Judgment Shot Down in Rifle Patent Lawsuit

In a recent patent case concerning hunting rifles, Judge McCafferty in the District of New Hampshire granted the defendant’s motion for summary judgment with respect to literal infringement of a patent on a rifle handguard,...more

Federal Circuit Review | January 2017

PTAB’s Final Written Decision in IPR Must Explain Its Basis for a Motivation to Combine References - In In Re: Nuvasive, Inc., Appeal No. 2015-1670, the Federal Circuit vacated the PTAB’s obviousness finding in an IPR,...more

District Court Strikes Infringement Contentions Pursuant to Doctrine of Equivalents Because They Contained Blanket Assertions That...

The Defendants filed a motion to strike the Plaintiff's infringement contentions, including their contentions under the doctrine of equivalents ("DOE"), for failing to comply with the Local Patent Rules ("P.R."). The...more

Vitiation has not be Vitiated

In Power Integrations, Inc., v. Fairchild Semiconductor International, Inc, [2015-1329, 2015-1388] (December 12, 2016), a complicated action where each party claimed the other directly and indirectly infringed its patents,...more

District Court Grants Motion to Strike Infringement Contentions for Doctrine of Equivalents and Indirect Infringement That Did Not...

The defendant filed a motion to strike part of the plaintiff's initial infringement contentions, focusing on infringement under the doctrine of equivalents and indirect infringement. The defendant asserted that the Local...more

Judge Abrams Dismisses Case Based on Arguments Made to the PTO During Prosecution

On August 9, 2016, District Judge Ronnie Abrams (S.D.N.Y.) granted defendant Richloom Fabrics Group, Inc.’s motion to dismiss plaintiff Anchor Sales & Marketing, Inc.’s allegation of patent infringement based on the doctrine...more

UPDATE Janssen v. HyClone: HyClone files a motion for injunctive relief to dismiss and to stay

by Goodwin on

As we previously reported, on June 17, Janssen filed two complaints alleging infringement of claims in U.S. Patent No. 7,598,083, one against Celltrion and Hospira, and one against HyClone Laboratories, Celltrion’s supplier...more

Interpreting Utility Patent Claims

by Snell & Wilmer on

Utility patents constitute about 90% of the patents in the United States. Design patents and plant patents, which are not discussed here, comprise the other 10%. Utility patents protect the functional aspects of a machine,...more

No Approval for Generic Product for Treatment of Rosacea **WEB ONLY**

by McDermott Will & Emery on

Addressing infringement under the doctrine of equivalents and obviousness issues, the US Court of Appeals for the Federal Circuit affirmed the district court’s ruling barring approval of a generic version of Finacea® gel...more

Look to Specification to Interpret Facially Unclear Claims

by McDermott Will & Emery on

Addressing claim construction issues, the US Court of Appeals for the Federal Circuit reiterated the necessity of reading claims in the context of the written description when they are not clear on their face. Howmedica...more

Federal Circuit Patent Updates - May 2016

by WilmerHale on

Ruckus Wireless, Inc. v. Innovative Wireless Solutions (No. 2015-1425, 1438, 5/31/16) (Prost, Reyna, Stark) - May 31, 2016 3:11 PM - Reyna, J. Affirming summary judgment of non-infringement of patents based on...more

Consistent Usage and Disclaimer in Intrinsic Record Trump Anything in Extrinsic Record

In David Netzer Consulting Engineer LLC, v. Shell Oil Company, [2015-2086] (May 27, 2016), the Federal Circuit affirmed summary judgment of non-infringement of U.S. Patent 6,677,496 on a process for the coproduction of...more

CAFC Affirms Finacea Gel Infringement Under Doctrine of Equivalents

by Foley & Lardner LLP on

In Intendis GmbH v. Glenmark Pharmaceuticals Inc., USA, the Federal Circuit affirmed the district court decision that found infringement under the doctrine of equivalents. This case shows that the doctrine of equivalents...more

Intendis GmbH v. Glenmark Pharmaceuticals Inc., USA (Fed. Cir. 2016)

The Federal Circuit and the Supreme Court spent an inordinate amount of time wrestling with each of their conceptions of the scope and application of the doctrine of equivalents a dozen years ago, coming to an accommodation...more

Trademark Review | April 2016

Broad JAWS Registration Devours JAWS Cooking Channel - Mr. Recipe’s applications to register the marks JAWS and JAWS DEVOUR YOUR HUNGER were refused based on the earlier registration for JAWS, the movie. Mr. Recipe’s...more

Judge Rakoff Holds a 3-D “Magic Trick” Implemented With Software Is Not Equivalent to One Implemented With Hardware

On April 24, 2016, District Judge Jed S. Rakoff (S.D.N.Y.) ruled that defendants Nintendo Co., Ltd. and Nintendo of America, Inc.’s (collectively, “Nintendo”)’s 3DS pocket gaming console does not infringe Tomita Technologies...more

An Inflectra Update: Janssen Requests an Expedited Trial

As we reported last week, the U.S. Food and Drug Administration approved Celltrion's application to market Inflectra, a biosimilar to Janssen Biotech Inc.'s REMICADE (infliximab) anti-TNF-a antibody. On Tuesday, April 12,...more

A Substantially Pure Isomer Is Obvious in View of Both a Completely Pure Isomer and an Impure Mixture (Spectrum Pharmas. V. Sandoz...

by McDermott Will & Emery on

Addressing an unusual twist on an obviousness case, the U.S. Court of Appeals for the Federal Circuit held a substantially pure isomer obvious in view prior art disclosing both a completely pure isomer and an impure mixture....more

New Life for Vitiation as a Defense to Doctrine of Equivalents Infringement

by Locke Lord LLP on

The doctrine of claim vitiation prevents application of the doctrine of equivalents in a way that would completely eliminate a claim element – i.e., renders the claim limitation inconsequential or ineffective. This doctrine...more

Federal Circuit Finds No "Way" To Support Doctrine Of Equivalents

by Foley & Lardner LLP on

In Akzo Nobel Coatings, Inc. v. Dow Chemical Co., the Federal Circuit upheld the district court’s grant of summary judgment of no infringement under the doctrine of equivalents because the patent holder had failed to...more

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