Doctrine of Equivalents, Where Are We Now?
Infringement under the doctrine of equivalents (DOE) is the sometimes overlooked sibling of literal infringement. While claim construction plays a critical role in patent litigation and often resolves issues of at least literal infringement, DOE may still be available even after claim construction. Recent decisions from the Federal Circuit have shown that the DOE is alive and well. Most surprisingly, even claim elements added by amendment during prosecution can still be infringed under the DOE. We will discuss recent DOE decisions and the Federal Circuit’s current approach to the DOE.
Andrew Ollis and Alec Royka are the speakers.