News & Analysis as of

Doctrine of Equivalents

McDermott Will & Schulte

UPC rules in first instance on file wrapper estoppel, doctrine of equivalence

On October 24, 2025, the Local Division Paris of the Unified Patent Court (UPC) issued its decision in Raccords et Plastiques Nicoll v. First Plast, dismissing claims for literal infringement and infringement by equivalence...more

McDermott Will & Schulte

Equivalents still requires all elements be met, injunctive relief still governed by eBay factors

The US Court of Appeals for the Federal Circuit issued a mixed ruling in a dispute over patents covering child car seat technology, explaining that infringement under the doctrine of equivalents requires an equivalent for...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Wonderland Switzerland AG v. Evenflo Company, Inc.

This week’s Case of the Week includes a potpourri of issues following a jury trial and issuance of a permanent injunction against Evenflo based on patents directed to child car seats....more

WilmerHale

Federal Circuit Patent Watch: Disclosure of a Broad Genus Is Insufficient Written Description Support for a Subgenus of Chemical...

WilmerHale on

WONDERLAND SWITZERLAND AG v. EVENFLO COMPANY, INC. [OPINION] (2023-2043, 2023-2233, 2023-2326, 12/17/2025) (Moore, Prost, Reyna) - Moore, J. The Court reversed the district court’s judgment of infringement of the asserted...more

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Upends Two Infringement Judgments

In Smartrend Manufacturing Group (SMG), Inc. v. Opti-Luxx Inc., the Federal Circuit vacated a finding of design patent infringement due to an erroneous claim construction. The panel also reversed the district court’s denial...more

Alston & Bird

Patent Case Summaries | Week Ending November 14, 2025

Alston & Bird on

Our Patent Case Summaries provide a weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial...more

WilmerHale

Federal Circuit Patent Watch: Petitioner Has No Right to Appeal “Deinstitution” of IPRs

WilmerHale on

In Re MOTOROLA SOLUTIONS, INC. [ORDER] (2025-134, 11/06/2025) (Dyk, Linn, Cunningham) Linn, J. The Court denied Motorola Solutions, Inc.’s petition for a writ of mandamus challenging the Acting Director’s decision to...more

Warner Norcross + Judd

Complete Federal Circuit Victory for Opti-Luxx in Dual Patent Appeal

Warner Norcross + Judd on

The U.S. Court of Appeals for the Federal Circuit has set aside both judgments entered against Opti-Luxx, Inc. in a high-stakes pair of patent infringement cases involving illuminated school bus signs....more

Baker Botts L.L.P.

Intellectual Property Report - November 2025

Baker Botts L.L.P. on

Patentees face many challenges in trying to prove literal infringement, particularly when dealing with competitors who make trivial modifications or superficial changes to the patented invention. In such situations, the...more

Baker Botts L.L.P.

Examining the Level of Detail Required to Plead a Claim Under the Doctrine of Equivalents

Baker Botts L.L.P. on

Patentees face many challenges in trying to prove literal infringement, particularly when dealing with competitors who make trivial modifications or superficial changes to the patented invention. In such situations, the...more

Fish & Richardson

The Doctrine of Equivalents in Pharmaceutical Actions

Fish & Richardson on

When a product or process does not literally infringe a patent’s claim language, the doctrine of equivalents (DOE) holds that a competitor’s product or process may still infringe if it is substantially equivalent to the...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: Cancellation of Closely Related Claims Triggers Prosecution History Estoppel and Limits Infringement Scope

The Federal Circuit reversed a district court’s denial of judgment as a matter of law on non-infringement, thereby setting aside a $106 million jury verdict, after holding that prosecution history estoppel barred the patentee...more

Knobbe Martens

Words Matter: “Identical” Does Not Mean “Identical to a Portion Of”

Knobbe Martens on

LABORATORY CORPORATION OF AMERICA HOLDINGS v. QIAGEN SCIENCES LLC - Before Lourie, Dyk, and Cunningham. Appeal from the United States District Court for the District of Delaware. The Federal Circuit reversed the district...more

Vorys, Sater, Seymour and Pease LLP

The Precedent: Federal Circuit Concludes that Cancelled Subject Matter Can Preclude a Doctrine of Equivalents Infringement Theory...

In this edition of The Precedent, we outline the Federal Circuit's decision in Colibri Heart Valve LLC v. Medtronic CoreValve, LLC. Overview - This case addresses prosecution history estoppel and the doctrine of equivalence....more

WilmerHale

Federal Circuit Patent Watch: District Court Errs by Turning a Matter of Claim Construction over to the Jury to Decide and by...

WilmerHale on

Precedential and Key Federal Circuit Opinions - LABORATORY CORPORATION OF AMERICA HOLDINGS v. QIAGEN SCIENCES, LLC [OPINION] (2023-2350, 08/13/2025) (Lourie, Dyk, Cunningham) - Lourie, J. The Court reversed the...more

Bradley Arant Boult Cummings LLP

Federal Circuit Vacates $4.7 Million Patent Infringement Verdict

The Federal Circuit recently issued a significant decision in the ongoing patent litigation between Laboratory Corporation of America Holdings (Labcorp) and Qiagen Sciences, LLC, reversing a Delaware district court’s judgment...more

Alston & Bird

Patent Case Summaries | Week Ending August 15, 2025

Alston & Bird on

PowerBlock Holdings, Inc. v. iFit, Inc., No. 2024-1177 (Fed. Cir. (D. Utah) Aug. 11, 2025). Opinion by Stoll, joined by Taranto and Scarsi (sitting by designation). PowerBlock sued iFit for infringement of a patent directed...more

McDermott Will & Schulte

Identical or not? Jury can’t decide issues of claim construction

The US Court of Appeals for the Federal Circuit reversed a district court’s denial of a motion for judgment as a matter of law (JMOL) of noninfringement, finding that the jury’s infringement findings were unsupported by...more

Proskauer - The Patent Playbook

Federal Circuit Reverses $4.7M Verdict in Labcorp v. QIAGEN: Claim Scope and Doctrine of Equivalents in the Crosshairs

The Federal Circuit recently reversed a $4.7M verdict in a patent lawsuit involving two patents concerning next-generation sequencing methods—U.S. Patent Nos. 10,017,810 and 10,450,597. Both patents concern DNA preparation...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Laboratory Corporation of America Holdings v. Qiagen Sciences, LLC

Laboratory Corporation of America Holdings v. Qiagen Sciences, LLC, Appeal No. 2023-2350 (Fed. Cir. Aug. 13, 2025) - In our Case of the Week, the Federal Circuit reversed a jury finding of infringement from the District...more

Morgan Lewis

Federal Circuit Applies Prosecution History Estoppel Based on Claim Cancellation

Morgan Lewis on

The US Court of Appeals for the Federal Circuit recently held that cancellation of a claim during prosecution may give rise to prosecution history estoppel, precluding the patentee from recapturing the surrendered subject...more

Knobbe Martens

Litigation Update | July 2025

Knobbe Martens on

JANSSEN PHARMACEUTICALS, INC. v. TEVA PHARMACEUTICALS USA, INC. - Before Prost, Reyna, and Taranto. Appeal from the United States District Court for the District of New Jersey. The Federal Circuit found that claims reciting a...more

Knobbe Martens

Federal Circuit Review | July 2025

Knobbe Martens on

In Janssen Pharmaceuticals, Inc. v. Teva Pharmaceuticals USA, Inc., Appeal No. 25-1228, The Federal Circuit found that claims reciting a dosing regimen with unequal loading doses were not obvious and that a presumption of...more

Sheppard Mullin Richter & Hampton LLP

The Push and Pull of Prosecution Estoppel: How Cancelled Claims Can Affect the Scope of Non-Amended Claims

Prosecution history estoppel may narrow the scope of a claim that was unamended during prosecution, if another closely related claim is amended or cancelled during prosecution....more

Hudnell Law Group

Federal Circuit Rejects Formalistic Shield to Prosecution History Estoppel

Hudnell Law Group on

On July 18, 2025, the U.S. Court of Appeals for the Federal Circuit reversed a $106 million jury verdict in Colibri Heart Valve LLC v. Medtronic CoreValve, LLC, No. 2023-2153, finding that Colibri’s infringement claim under...more

201 Results
 / 
View per page
Page: of 9

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide