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Intellectual Property
Boston College Law School
March 5, 2007
Patent – Infringement 2
Doctrine of Equivalents
• Tests– Substantially same function, way, result– Insubstantial differences
• Evidence– Circumstances, purpose, prior art– Would PHOSITA have viewed interchangeable?
• Details– All-elements rule– Measured at time of infringement
Patent No. 5,205,473
Patent No. 5,205,473
• “What is claimed is:– 1. A recyclable, insulating beverage
container holder, comprising:• a corrugated tubular member comprising
– cellulosic material and at least a first opening therein for receiving and retaining a beverage container, said corrugated tubular member comprising
• fluting means for containing insulating air; said fluting means comprising fluting adhesively attached to a liner with a recylable adhesive
Doctrine of Equivalents
• Limitations– Claim on prior art– Prosecution history estoppel– Disclosed but not claimed
Warner Jenkinson
pH
9.08.07.06.05.0
BoothHilton
OriginalHilton
Amended Warner
?
Festo
• Two issues– What kinds of amendments trigger estoppel?– Does estoppel apply to all equivalents based on
the amendment?
Doctrine of Equivalents
Claims
Prior Art
ProsecutionHistoryEstoppel
Equivalentsfor PioneerInvention
Equivalentsfor MinorInvention
Patent No. 5,205,473
Patent No. 5,205,473
• “What is claimed is:– 1. A recyclable, insulating beverage
container holder, comprising:• a corrugated tubular member comprising
– cellulosic material and at least a first opening therein for receiving and retaining a beverage container, said corrugated tubular member comprising
• fluting means for containing insulating air; said fluting means comprising fluting adhesively attached to a liner with a recylable adhesive
Patent No. 5,425,497
Problem 3-11• “1. A pocket toothbrush having an exterior structure
resembling a traditional fountain pen case comprising– a. a removable cylindrical end cap cover,
– b. a main cylindrical body shaft over at least one end of which said end cap cover fits …,
– c. said cylindrical body shaft having one end which contains toothbrush bristles …,
– d. said cylindrical body shaft including an interior passage extending into said bristle end and having at least one termination opening in the area at the base of said bristles,
– e. a movable plunger extending into said cylindrical body shaft in said main cylindrical body shaft,
– f. said body shaft including an interior space for the accommodation of a charge of toothpaste to be fed to said bristles by operation of said movable plunger …”
Administrative
• Assignment for next class– Finish IV.C – Infringement
• No class this Friday– Will reschedule
Patent Scope
Claims
Prior Art
ProsecutionHistoryEstoppel
Equivalents
Reverse Doctrineof Equivalents