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Keywords

trial

verdict

Related Cases

Hilton Davis Chemical Co. v. Warner-Jenkinson Co., Inc., 62 F.3d 1512, 64 USLW 2109, 35 U.S.P.Q.2d 1641

Facts

Issue

Rule

Infringement under the doctrine of equivalents requires proof of insubstantial differences between the claimed and accused products or processes. This is assessed based on an objective standard, considering factors such as function, way, and result, as well as evidence of known interchangeability and copying. The issue of infringement is a question of fact to be determined by a jury or judge, depending on the trial format.

Analysis

Conclusion

Because substantial evidence supports the jury verdict of infringement, the court en banc affirms.

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Keywords

Related Cases

Goldblatt v. Town of Hempstead, N. Y., 369 U.S. 590, 82 S.Ct. 987, 8 L.Ed.2d 130

Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co., Ltd., 535 U.S. 722, 122 S.Ct. 1831, 152 L.Ed.2d 944, 70 USLW 4458, 62 U.S.P.Q.2d 1705, 02 Cal. Daily Op. Serv. 4539, 2002 Daily Journal D.A.R. 5803, 15 Fla. L. Weekly Fed. S 320

Penn Cent. Transp. Co. v. City of New York, 438 U.S. 104, 98 S.Ct. 2646, 57 L.Ed.2d 631, 11 ERC 1801, 8 Envtl. L. Rep. 20,528

Robert Bosch LLC v. Pylon Mfg. Corp., 659 F.3d 1142, 100 U.S.P.Q.2d 1656

Borland v. Sanders Lead Co., Inc., 369 So.2d 523, 12 ERC 2017, 2 A.L.R.4th 1042, 15 Envtl. L. Rep. 20,934