News & Analysis as of

Claim Construction Doctrine of Equivalents Prosecution History Estoppel

Sheppard Mullin Richter & Hampton LLP

The Push and Pull of Prosecution Estoppel: How Cancelled Claims Can Affect the Scope of Non-Amended Claims

Prosecution history estoppel may narrow the scope of a claim that was unamended during prosecution, if another closely related claim is amended or cancelled during prosecution....more

Knobbe Martens

Cancellation of a Closely Related Claim During Prosecution Can Trigger Prosecution History Estoppel

Knobbe Martens on

COLIBRI HEART VALVE LLC v. MEDTRONIC COREVALVE, LLC - Before Taranto, Hughes, and Stoll. Appeal from the United States District Court for the Central District of California. The Federal Circuit reversed a $106 million...more

Lathrop GPM

Federal Circuit Says Claim Cancellation Can Create Prosecution History Estoppel

Lathrop GPM on

In a July 18 precedential decision in Colibri Heart Valve LLC v. Medtronic CoreValve LLC, the U.S. Court of Appeals for the Federal Circuit overturned a $106 million jury verdict against Medtronic for infringement of a patent...more

McDermott Will & Schulte

“Tangential Relation” Exception Saves Patentee’s Reliance on DOE

Addressing an infringement determination under the doctrine of equivalents (DOE), the US Court of Appeals for the Federal Circuit found that the “tangential relation” exception to the doctrine of prosecution history estoppel...more

Knobbe Martens

Federal Circuit Review - June 2019

Knobbe Martens on

One-year Clock for Filing IPR Petition Applies to Litigants and Parties that Become Privies of the Litigant Prior to Institution. In Power Integrations, Inc v. Semiconductor Components, Appeal No. 2018-1607, the Federal...more

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