The doctrine of equivalents allows a patentee to raise a claim of infringement even when each and every element of the patented invention is not identically present in the allegedly infringing product/process. The doctrine is aimed at preventing an infringer from gaining the benefit of a patented invention by making insubstantial changes. Disclosure-dedication doctrine is a bar to the doctrine of equivalents. Under the disclosure-dedication doctrine, when a patentee discloses subject matter but does not claim it, the patentee dedicates the unclaimed subject matter to the public and cannot recapture it through the doctrine of equivalents. The public can then practice the unclaimed subject matter without fear of infringement.Eagle Pharmaceuticals Inc. v. Slayback Pharma LLC, No. 2019-1924 (Fed. Cir. May 8, 2020) (“Eagle Pharm”) is the most recent Federal Circuit case involving this doctrine. In Eagle Pharm, the Federal Circuit considered whether a patentee can avoid dedication on the ground that the disclosure occurred in an embodiment distinct from the claimed invention. The court answered the question in the negative.
Litigation
- Revolution Rope Inventor Tells Justices She Deserves Her Day in Article III Court
- Bristol Myers Says AstraZeneca’s Imjudo Infringes Yervoy Patent
- Federal Circuit Upholds Albright’s Ruling on Denial of Transfer for GM
- High Court Asks for SG Views on Apple’s Petition Challenging Federal Circuit Approach to IPR Estoppel
- Albright Gets OK from CAFC on Denial of Transfer for Amazon
Recent Posts
- Other Barks & Bites for Friday, February 3: Trump Sues for Copyright Infringement, Google Wins Transfer from TX to CA, and Nike Takes Lululemon to Court for Patent Infringement
- Revolution Rope Inventor Tells Justices She Deserves Her Day in Article III Court
- The USPTO Claims it Wants to Ensure ‘Robust and Reliable’ Patents – But Its Questions Imply Another Assault on Patent Owners
- USPTO Issues Final Rule to Eliminate CLE Certification Program
- This Week in Washington IP: IPWatchdog Event to Review the State of the PTAB; US Inventor Protests in D.C.; and the House Considers Supply Chain Challenges