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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

Back to Fish's Litigation Blog

 

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.


The opinions expressed are those of the author(s) and do not necessarily reflect the views of Fish & Richardson P.C., any other of its lawyers, its clients, or any of its or their respective affiliates. This post is for general information purposes and is not intended to be and should not be taken as legal advice.

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 the Co-Chair of Fish’s Appellate Practice. Craig has been named a Law360 MVP for Appellate work, a Rising Star by Law360, and he has been selected for the “Top 40...

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