Revisiting the Doctrine of Equivalence: How to Utilize It to Prevent Patent Infringement
This brand-new Doctrine of Equivalence session will start with a brief refresher presentation on the best practice for utilising the Doctrine of Equivalence rule against patent infringement in the U.S. A panel discussion following this will bring together most practical knowledge from both sides of the Atlantic. USA:
- Understanding the current scope of DOE and analyzing how it may enhance a company’s claim for patent infringement?
- Recro Gainesville LLC vs. Actavis Laboratories (D. Del 2017)
- Discover how to utilize DOE to enhance both infringement and prosecution strategies
- Considerations for prosecution history estoppel for DOE
- What are the practical results following the decision?
- Developing industry best practices to construe patents: If a product falls outside the literal scope of patent claim, can it still be considered as infringement due to immaterial variation
- Understanding whether patents can be found as invalid from novelty claims based on ‘equivalents’ to prior art
- Discussing whether sufficiency attacks can succeed where the patent does not enable ‘equivalents’