Category Archives: Doctrine of Equivalents

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Court Questions Applicability of Function Way Result Test In Chemical Cases

In Mylan Institutional LLC v. Aurobindo Pharma Ltd., the Federal Circuit reviewed a preliminary injunction based in part on a finding of likelihood of success in establishing infringement under the doctrine of equivalents. Although the district court had applied the “function-way-result” test, the¬†Federal Circuit suggested that the “insubstantial differences” test might be more appropriate for … Continue reading this entry

CAFC Affirms Finacea Gel Infringement Under Doctrine Of Equivalents

In Intendis GmbH v. Glenmark Pharmaceuticals Inc., USA, the Federal Circuit affirmed the district court decision that found infringement under the doctrine of equivalents. This case shows that the doctrine of equivalents still lives, that not every claim amendment will give rise to prosecution history estoppel, and that formulation patents can provide valuable protection for … Continue reading this entry

Federal Circuit Finds No "Way" To Support Doctrine Of Equivalents

In Akzo Nobel Coatings, Inc. v. Dow Chemical Co., the Federal Circuit upheld the district court’s grant of summary judgment of no infringement under the doctrine of equivalents because the patent holder had failed to establish a genuine issue of material fact under the function-way-result test. This case illustrates the scrutiny the court may apply … Continue reading this entry

Federal Circuit Finds Treximet Patents Non-Obvious And Infringed

In Pozen, Inc. v. Par Pharmaceutical Inc., the Federal Circuit upheld the district court’s determination that the patents at issue were not invalid as obvious and were infringed by the subject Abbreviated New Drug Applications (ANDAs). Comparing this case to In re Droge, I cannot help but wonder how much the procedural posture impacted the … Continue reading this entry

Federal Circuit Explains Unforseeability Under Festo

In Duramed Pharmaceuticals, Inc. v. Paddock Laboratories, Inc., the Federal Circuit rejected Duramed’s arguments that prosecution history estoppel did not bar application of the doctrine of equivalents under Festo because the equivalent at issue was not foreseeable. In so doing, the Court illuminated the rather narrow applicability of the “unforeseeable” route to rebutting a presumption … Continue reading this entry

The Significance of Numerical Claim Limitations

Can the doctrine of equivalents be invoked to establish infringement of a claim that recites a numerical value? Yes, according to the Federal Circuit’s decision in Adams Respiratory Therapeutics, Inc. v. Perrigo Co.  Can the concept of significant digits be used to establish infringement? Although the court does not say so directly, its opinion indicates … Continue reading this entry