#doctrine-of-equivalents

[ follow ]
#patent-law #federal-circuit #supreme-court #prosecution-history-estoppel #intellectual-property
fromPatently-O
1 week ago

Smartrend and the Stretching of Markman: When Specification Parsing Becomes a Question of Law

Smartrend Manufacturing Group (SMG), Inc. v. Opti-Luxx Inc., No. 2024-1616 (Fed. Cir. Nov. 13, 2025). Writing for a unanimous panel, Judge Dyk reversed a jury verdict finding that Opti-Luxx's illuminated school bus sign infringed SMG's U.S. Patent No. 11,348,491 under the doctrine of equivalents. The appellate court held that no reasonable jury could find the accused product's frame performed the same function as that claimed.
Intellectual property law
#patent-law
more#patent-law
Law
fromPatently-O
4 months ago

Federal Circuit Expands Prosecution History Estoppel to Simple Claim Cancellations in Colibri Heart Valve

Prosecution history estoppel limits the doctrine of equivalents by barring infringement claims based on broad claim cancellations during prosecution.
Intellectual property law
fromPatently-O
6 months ago

Throwing Out the Jury: How the Federal Circuit's 'Particularized Testimony' Rule Further Threatens the Doctrine of Equivalents

The Supreme Court is being petitioned to reconsider the rigidity of the doctrine of equivalents established by the Federal Circuit.
[ Load more ]