DoEChart - An Exception Prosecution History Estoppel Basic:...

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Class 10b: More on DoE / PHE The Standard Rule of (Literal) Infringement All Elements: If the alleged infringer possesses every element or limitation of the claim, literal infringement An Exception The Doctrine of Equivalents Basic Idea: If alleged in fringer's product includes an element (or more) equivalent to an element in your claim, also infringing Every element must be literally present or an equivalent must be present Test Graver Tank: Triple Identity Test: Same function, same way, obtaining the same result W-J: All-Elements: Does the process contain identical or equivalent elements as the original Insubstantial di f erences? At the time of infringement
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Unformatted text preview: An Exception Prosecution History Estoppel Basic: Presumptively barred from making a claim of infringement under the DoE if you've amended the claim during prosecution. What amendments? Amendment that narrows the claim's scope Made to satisfy ANY require ment of the Patent Act An Exception Flexible Bar Basic Idea: Even if there is a pre sumption of PHE the patentee bears the burden of proving that the amendment wasn't made for a reason that would give rise to estoppel ...it's possible for the patentee to recapture the equivalent. Unforeseeable equivalents Amendments made for reasons that are tangential\ Some other reason...
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