Reducing Scope of Doctrine of Equivalents Via Ensnarement Defense
As previously discussed in “Avoiding Patent Infringement,” the claims define the metes and bounds of patent protection afforded under a patent. The claims can be infringed either literally which means that the alleged infringer practiced the claimed invention without any deviation. If the alleged infringer practiced a variation of the claimed invention, then liability for [...]
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Doctrine of Equivalents – BINGO
In Planet Bingo LLC v. GameTech International Inc., 81 USPQ2d 1145 (Fed. Cir. 2006), the Federal Circuit upheld the District Court’s decision of non-infringement under the Doctrine of Equivalents because determining a winning combination after a first ball in a bingo game is drawn is substantially different from determining a winning combination before drawing the [...]
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