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IP LitigationFederal Circuit

Summary Judgment of Noninfringement Appropriate Where No One Configuration of the Accused Product Literally Met All Limitations and Prosecution History Estoppel Precluded Reliance on Equivalents

December 9, 2014

IP LitigationFederal Circuit

Summary Judgment of Noninfringement Appropriate Where No One Configuration of the Accused Product Literally Met All Limitations and Prosecution History Estoppel Precluded Reliance on Equivalents

December 9, 2014

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EMD Millipore Corp. v. Allpure Techs., Inc., 768 F.3d 1196 (Fed. Cir. Sept. 29, 2014) (PROST, O’Malley, Hughes) (D. Mass.: Woodlock) (1 of 5 stars)


Federal Circuit affirms summary judgment of noninfringement. The patent claimed a device for introducing or withdrawing a fluid sample that was construed to require “at least one transfer member that can be removed from the magazine part of the device,” where the transfer member included a seal. The patentee argued there was literal infringement because disassembly of the accused product could qualify as the claimed removal. The Federal Circuit disagreed because the transfer member no longer had a seal after disassembly, as claimed. Moreover, prosecution history estoppel precluded a finding of infringement by equivalents. The patentee had made a narrowing amendment to the “seal” limitation and argued that none of the cited prior art “disclose a seal formed like the present one.” Slip op. at 12. So the presumption of estoppel applied, and the patentee presented nothing to rebut it.

Related Tags

CAFC Summary
Prosecution History Estoppel
EQUIVALENTS
Summary Judgment
Federal Circuit

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Craig Countryman | Principal

Craig Countryman is a Principal in the Southern California office of Fish & Richardson and was named a 2016 Rising Star by Law360, and was named to the "Top 40 Under 40" lists in both the Daily Journal and the San Diego Daily Transcript.  His practice...

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