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K&S Partners | India | 5 Apr 2023
Delhi High Court case deals with interesting intersection of doctrine of equivalents and process patents
The Delhi High Court recently decided on a case that dealt with an interesting intersection of the doctrine of equivalents and process patents. The plaintiffs sought an interim injunction against a company that it claimed had used their patented processes to prepare anthranilic diamide insecticide compounds.
G&W Legal | India | 9 Jan 2023
It's a wrap: IP round-up 2022
🕑 8 minutes With practices and processes in India returning to some semblance of normalcy in 2022 after almost two years of covid-19-induced disruptions, the past year has been quite eventful. The Indian IP landscape witnessed various notable developments in the realms of policy, practice and procedure, as well as jurisprudence. This article summarises the key changes and developments to......
GEVERS | European Union | 9 Jan 2023
Doctrine of equivalents and prosecution history estoppel: why does the wording of patent claims matter?
🕑 4 minutes According to the European Patent Convention and its Protocol on Interpretation, patent claims should be interpreted by adopting a balanced approach that combines fair protection for the patent holder with a reasonable degree of certainty for third parties. This article discusses how patent claims are interpreted in light of two important legal principles: the doctrine of......
Oh-Ebashi LPC & Partners | Japan | 5 Jan 2023
骨折固定プレートに係る発明の均等侵害成否（第１要件充足性）について 判断された事例（均等侵害不成立）
本件は、「軟骨下関節表面支持体を備えた骨折固定システ ム」に係る発明について特許権（「本件特許」）を有する原告X
LexField Law Offices | China | 7 Dec 2021
Supreme Court Sends Alert on Drafting Quality by Restricting Doctrine of Equivalents
In two judgments issued consecutively in November, the Supreme People's Court of China ("SPC") reversed the lower courts' finding of infringement…
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......
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…
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…
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…
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…
