Category Archives: Doctrine of Equivalents

“Unclean Hands” Doctrine Erases Merck’s Damage Award

In my last post on the district court’s ruling in Gilead v. Merck, I implied that Gilead had convinced the Judge that Merck had employed inequitable conduct (“IC”) in conducting its negotiations with Pharmasset, the company Gilead later purchased to … Continue reading

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Brilliant Instruments v. GuideTech – Doctrine of Equivalents on Review

Contributed by Theresa Stadheim of Schwegman Lundberg & Woessner In Brilliant Instruments, Inc., v. Guidetech, LLC, Appeal no. 2012-1018 (Fed. Cir. February 20, 2013) (a copy can be found at the end of this post), a panel of the Federal … Continue reading

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Supreme Court Asks Government To Weigh In On Saint-Gobain’s Cert. Request

Since I have done two, rather lengthy posts on the Fed. Cir. split decision in Siemens Med. Solutions USA, Inc. v. Saint-Gobain Ceramics & Plastics, 637 F.3d 1269 (Fed. Cir. 2011) , reh’g den. 647 F.3d 1373 (2011), it deserves … Continue reading

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Infringement by Unobvious Changes – A Look (Way) Back

As a much younger attorney, I gave a presentation at the 1990 AIPLA Annual Meeting:  “A Review of Recent Federal Circuit Decisions Relating to Infringement” (AIPLA Selected Legal Papers, 9, 3 (July 1991)), in which I wrestled with the question … Continue reading

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