News & Analysis as of

Doctrine of Equivalents Summary Judgment Claim Construction

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Steuben Foods, Inc. v. Shibuya Hoppman Corp.

Steuben Foods, Inc. v. Shibuya Hoppman Corp., Appeal No. 2023-1790 (Fed. Cir. Jan. 24, 2025) In its only precedential patent decision this week, the Federal Circuit addressed an “anachronistic exception, long mentioned but...more

McDermott Will & Emery

Equivalence Requires Element-by-Element Proof With Linking Argument

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The US Court of Appeals for the Federal Circuit affirmed a district court determination that a patent owner had not provided the “particularized testimony and linking argument” required to demonstrate equivalence under the...more

McDermott Will & Emery

Doctrine of Equivalents Analysis Should Not Be Simple Binary Comparison

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The US Court of Appeals for the Federal Circuit remanded a district court’s claim construction and grant of a defendant’s summary judgment motion of non-infringement under the doctrine of equivalents, finding that a...more

McDermott Will & Emery

Maintaining Order in Process Claims

The US Court of Appeals for the Federal Circuit affirmed a summary judgment non-infringement ruling, finding that where both the claim language and the specification require that the disclosed steps be performed in the order...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2019 #2

PATENT CASE OF THE WEEK - Amgen Inc. v. Sandoz Inc., Appeal No. 2018-1551 (Fed. Cir. May 8, 2019) - In an appeal from a district court’s summary judgment of non-infringement, the Federal Circuit affirmed claim...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - Ottah v. Fiat Chrysler, Appeal No. 2017-1842 (March 7, 2018) - In Ottah v. Fiat Chrysler, the Federal Circuit affirmed a district court’s grant of summary judgment of non-infringement as to...more

Schwabe, Williamson & Wyatt PC

2017 and Early 2018 Supreme Court and Precedential Patent Cases From the Federal Circuit

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Schwabe, Williamson & Wyatt PC

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Knobbe Martens

Doctrine of Equivalents under Enzo Biochem Inc. v. Applera Corp.

Knobbe Martens on

Before Prost, O’Malley, and Wallach. Appeal from the District of Connecticut (nonprecedential). On August 2, 2017, the Federal Circuit affirmed a decision by the U.S. District Court for the District of Connecticut granting...more

McDermott Will & Emery

Look to Specification to Interpret Facially Unclear Claims

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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

WilmerHale

Federal Circuit Patent Updates - May 2016

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

McDermott Will & Emery

Unless Defined Beyond Ordinary Meaning, Narrow Terms Are Bounded by Their Ordinary Meaning - Advanced Steel Recovery, LLC v....

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Addressing claim construction issues, the U.S. Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment ruling, finding that the district court properly construed the disputed claim limitation...more

Morris James LLP

Magistrate’s Recommendations On Validity And Noninfringement Are Adopted

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Impulse Technology Ltd. v. Microsoft Corporation, et al., C.A. No 11-586 – RGA, September 22, 2015. Andrews, J. Magistrate’s Reports and Recommendations regarding denial of summary judgment of invalidity is adopted and...more

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