109) In other words, in situations in which patent holders cannot prove literal infringement
because the literal language of the claim does not cover the accused product, they can still prove infringement under the doctrine of equivalents by showing that the accused product is an equivalent of the claimed invention.
146) After determining literal infringement
under [section] 112 [paragraph] 6, the next step would be the infringement analysis under the doctrine of equivalents extending the functional claim element to its equivalents.
but disagree over possible claim interpretations, the question of literal infringement
collapses into claim construction .
Additionally, courts may find either literal infringement
or infringement under the doctrine of equivalents, which further complicates the infringement analysis.
occurs if each and every element of the asserted claim, as construed, can be identified in the accused product.
Court's 1996 Markman decision, both the literal infringement
16) Further, it held that [section] 112, paragraph 6, deals only with literal infringement
, and that if [section] 112, paragraph 6, equivalence is not found in an accused device, one must proceed to consider whether equivalence is present under the doctrine of equivalents.
happens when it is possible to read the words of the claims into the accused product or process.
The purpose of the doctrine of equivalents is to prevent someone from making insubstantial variations to a patented invention in order to avoid literal infringement
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.
According the judge's summary of the April ruling, a patent infringement lawsuit can be interpreted in two ways: literal infringement
end the doctrine of equivalents.
ICU knows that with this jury verdict, the only ICU patent that RyMed may be held liable for literal infringement
has already expired, and all new sales are free from any such claims," said Dana Wm.