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Pinsent Masons | United Kingdom | 26 Jul 2021

Defence to patent infringement – future of Formstein approach in UK law

The doctrine of equivalents is now well-established in UK patent proceedings across many sectors. This has led to questions concerning whether any defences to infringement by equivalence are available and whether the doctrine applies to validity. A recent High Court judgment on a telecommunications patent dispute has shed some light on the availability of the Formstein defence to infringement......
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Eagle IP Ltd | China | 8 Jun 2020

2019 China top 10 IP case: Valeo v. Lucas, Fuke, & Chen

Every year in the spring The Supreme People’s Court of PRC announces its “Top 10 Intellectual Property (IP) cases” and “50 typical IP cases in…
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Holland & Knight LLP | USA | 15 Jan 2020

Doctrine of Equivalents analysis was a question of fact for the jury

Judge Blakey granted defendant Spin Master’s motion for supplemental claim construction and for summary judgment in this patent case involving remote…
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McDermott Will & Emery | USA | 26 Dec 2019

Doctrine of Equivalents: Prosecution History Estoppel Can Be Both Amendment and Argument-Based

In a case involving at-home glucose monitoring systems, the US Court of Appeals for the Federal Circuit found the patent owner was estopped from…
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McDermott Will & Emery | USA | 27 Sep 2019

“Tangential Relation” Exception Saves Patentee’s Reliance on DOE

Addressing an infringement determination under the doctrine of equivalents (DOE), the US Court of Appeals for the Federal Circuit found that the…
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AWA | USA | 25 Mar 2019

A salt and a fork, or the importance of being earnest

The last two weeks of the trainee programme arrived. We reunited again under the roof of the Copenhagen office, warmly welcomed by our Danish…
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D Young & Co LLP | United Kingdom | 21 Mar 2019

Technetix v Teleste: doctrine of equivalents

Since the introduction of the doctrine of equivalents in the United Kingdom in Actavis v Lilly, it has…
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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP | USA | 4 Feb 2019

Back to the Bread and Butter, Unraveling, in Appeals from PTAB and a District Court, How Inventorship Affects a § 102(e) Analysis, Why the Doctrine of Equivalents Does Not Apply, and Reversing a “Too-Narrow” Claim Construction

This involves two appeals: one by Duncan Parking Technologies (DPT) of IPR2016-00067 from the PTAB and the other by IPS of two district court…
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Rothwell, Figg, Ernst & Manbeck, PC | USA | 20 Aug 2018

Celltrion’s and Hospira’s Production of Infliximab Biosimilars Does Not Infringe Remicide®-Related Patent

In a 104-page ruling, U.S. District Judge Mark L. Wolf granted summary judgment in favor of Celltrion and Hospira, finding that a doctrine of…
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Kim & Chang | South Korea | 30 Jul 2018

Supreme Court broadens doctrine of equivalents to emphasise purpose over specific structures

In a recent case, the Supreme Court appears to have essentially broadened the doctrine of equivalents to emphasise that structures in an accused product that are very different from claimed elements can still be 'equivalent', provided that the differences are conventional and the basic purpose of the invention is still achieved. The patent at issue related to a device for lifting a 'gang......
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