On a side note, if a specification discloses an algorithm in functional terms, arguably the accused device would only infringe if it employs an identical algorithm because literal infringement
under [section] 112 [paragraph] requires identity of function.
doctrine of equivalents as well as literal infringement
59) The court found, however, that [section] 112, paragraph 6, equivalence differs from the doctrine of equivalents in that [section] 112, paragraph 6, equivalence may lead only to a finding of literal infringement
CTC's model X500 pasta maker was ruled a literal infringement
of claim 6 of the Popeil patent, the claim that includes an egress opening in the extrusion chamber.
6, a form of literal infringement
, is assessed at the time the
While there is always uncertainty associated with litigation, we are encouraged that the District Court determined that PROSTASCINT did not infringe the '559 patent, which is reaffirmed as to literal infringement
by today's decision by the U.
the Delaware District Court has entered summary judgment of literal infringement
against Computer Motion, concluding that both of Computer Motion's AESOP and ZEUS products literally infringe Intuitive's 6,201,984 patent on voice-controlled surgical robots.
the Court of Appeals for the Federal Circuit (CAFC) encroached upon the property rights of inventors by practically abolishing the Doctrine of Equivalents, which was intended to prevent circumventing patents by trivial modifications that avoided literal infringement
The ruling came more than a year after a trial in a suit where a Delaware jury found no literal infringement
of the Lifescan patent but did find that in one method of use, the Home Diagnostics product infringed on Lifescan's patent under a legal theory known as "the doctrine of equivilants.
Whilst the Court awarded Applied Biosystems summary judgement of non-infringement of certain APBiotech patents, the Court also ruled that APBiotech's MegaBACE(TM) system is not guilty of literal infringement
of a patent held by Applied Biosystems.
The appellate court remanded the case to the district court to reconsider the issue of willful infringement in light of the appellate court's finding of no literal infringement
The doctrine of equivalents is considered when literal infringement
is lacking, and can be employed under certain circumstances to expand the scope of claims to cover devices that are only insubstantially different from the literal meaning of the claims.