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Infringement under Doctrine of Equivalents Remains Difficult to Win

Infringement under Doctrine of Equivalents Remains Difficult to Win

A recent Federal Circuit case reminds us how difficult it is for a patent holder to win an infringement case based on a doctrine of equivalents (DOE) infringement theory. In Jang v. Bos. Sci. Corp. & Scimed Life Sys., Inc., No. 16-1275 (Fed. Cir. Sep. 29, 2017), the Fed. Cir. affirmed the district court’s vacatur of the jury’s infringement verdict, finding that Boston Scientific Corporation’s (BSC) product did not infringe the asserted claims of Dr. Jang’s patent under the DOE because Dr. Jang did not meet his burden of proving that his DOE theory did not ensnare the prior art. The DOE allows a patent holder to prove infringement by an accused device if the accused device performs substantially the same function as claimed in substantially the same way to obtain substantially the same result, even if it does not literally infringe the claims of the patent. Graver Tank &… Continue Reading

October 2017
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