On January 25, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Steuben Foods, Inc. v. Shibuya Hoppman Corp., reversing-in-part the District of Delaware’s post-trial rulings of  judgment as a matter of law (JMOL) of noninfringement in favor of Shibuya. The Federal Circuit reversed noninfringement findings made under the reverse doctrine of equivalents (RDOE), declining to declare the doctrine subsumed by the 1952 Patent Act, but finding that Steuben Foods raised “compelling” arguments on that point. The opinion was authored by Chief Judge Moore.

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