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patent infringement
(redirected from Literal infringement)

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patent infringement n. the manufacture and/or use of an invention or improvement for which someone else owns a patent issued by the government, without obtaining permission of the owner of the patent by contract, license or waiver. The infringing party will be liable to the owner of the patent for all profits made from the use of the invention, as well as any harm which can be shown by the inventor, whether the infringement was intentional or not. (See: patent, infringement)
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And a court that has just rejected a literal infringement argument--the only kind of court likely to spend much time thinking about equivalents issues pre-trial--is unlikely to undo the work of claim construction by sending the issue of infringement by equivalents to the jury.
The (unnoticed) demise of the doctrine of equivalents by Allison, John R.; Lemley, Mark A. / Stanford Law Review
Actually, [section] 112, paragraph 6, has been construed to bring into play two standards, one for literal infringement and another if literal infringement is not established.
Means-plus-function clauses in patent claims: a tortuous path by Bradley, Charles W. / Rutgers Computer & Technology Law Journal
In January of this year, Osteotech filed a motion for summary judgment of literal infringement of claims 4 and 10 of Osteotech's United States Patent 5,290,558, or the '558 Patent , which the District Court granted in April 2001.
Osteotech receives favorable ruling by CAFC against GenSci by BIOTECH Patent News
 
 
 
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