Search Team

Search by Last Name
A
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V
W
X
Y
Z

Articles

Amending a Claim to Narrow the Scope of a Sub-Assembly Triggered Prosecution History Estoppel for the Whole Assembly

October 8, 2014

Articles

Amending a Claim to Narrow the Scope of a Sub-Assembly Triggered Prosecution History Estoppel for the Whole Assembly

October 8, 2014

Back to News Listing

EMD Millipore Corp. v. AllPure Tech., Inc., ___F.3d___ (Fed. Cir. Sept. 29, 2014) (PROST, O’Malley, Hughes)

Federal Circuit affirmed a grant of summary judgment of non-infringement, finding that AllPure did not literally infringe U.S. Patent No 6,032,543 and that prosecution history estoppel prevented Millipore from asserting the doctrine of equivalents.

Technology

Millipore’s ’543 patent claims a device for introducing or withdrawing a fluid sample from a container without contaminating the fluid. The device claims a “removable, replaceable transfer member . . . comprising a holder, a seal . . ., [and] a hypodermic needle” where the seal has a bellows-shaped first end and a self-sealing second end. AllPure’s TAKEONE device contains all of the described parts. When disassembled, all of the TAKEONE transfer member components are removable and replaceable.

Read more on Fish’s Litigation Blog

Related Attorneys

Stay current with Fish Sign up for our Newsletter