Patent Prosecution, Estoppel, Doctrine of Equivalents

Federal Circuit Says Claim Cancellation Can Create Prosecution History Estoppel

Lathrop GPM on 7/28/2025

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

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2022 Decisions

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 2/8/2023

As part of the recovery from the global COVID-19 pandemic, the U.S. Court of Appeals for the Federal Circuit took steps to return to normal operations. It began requiring live oral arguments in August 2022 and, by November,...more

Prosecution History Disclaimer and Estoppel Lead To Noninfringement

Knobbe Martens on 10/14/2021

TRAXCELL TECHNOLOGIES, LLC V. NOKIA SOLUTIONS AND NETWORKS Before Prost, O’Malley, and Stoll. Appeal from the Eastern District of Texas. Summary: An applicant’s arguments distinguishing prior art during patent...more

Doctrine of Equivalents and Prosecution History Estoppel Around the World

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/22/2017

Please see full Doctrine of Equivalents Chart for Countries around the World. ...more

Global Patent Prosecution Newsletter - September 2017

Sterne, Kessler, Goldstein & Fox P.L.L.C. on 9/19/2017

Worldwide Doctrine of Equivalents and Prosecution History Estoppel - The doctrine of equivalents (DOE) arises in the context of a patent infringement action where the accused product or process does not literally infringe...more

Judge Abrams Dismisses Case Based on Arguments Made to the PTO During Prosecution

Patterson Belknap Webb & Tyler LLP on 8/19/2016

On August 9, 2016, District Judge Ronnie Abrams (S.D.N.Y.) granted defendant Richloom Fabrics Group, Inc.’s motion to dismiss plaintiff Anchor Sales & Marketing, Inc.’s allegation of patent infringement based on the doctrine...more