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Intellectual Property

Intellectual Property. Boston College Law School March 5, 2007 Patent – Infringement 2. Doctrine of Equivalents. Tests Substantially same function, way, result Insubstantial differences Evidence Circumstances, purpose, prior art Would PHOSITA have viewed interchangeable? Details

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Intellectual Property

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  1. Intellectual Property Boston College Law School March 5, 2007 Patent – Infringement 2

  2. Doctrine of Equivalents • Tests • Substantially same function, way, result • Insubstantial differences • Evidence • Circumstances, purpose, prior art • Would PHOSITA have viewed interchangeable? • Details • All-elements rule • Measured at time of infringement

  3. Patent No. 5,205,473

  4. Patent No. 5,205,473 • “What is claimed is: • 1. A recyclable, insulating beverage container holder, comprising: • a corrugated tubular member comprising • cellulosic material and at least a first opening therein for receiving and retaining a beverage container, said corrugated tubular member comprising • fluting means for containing insulating air; said fluting means comprising fluting adhesively attached to a liner with a recylable adhesive

  5. Doctrine of Equivalents • Limitations • Claim on prior art • Prosecution history estoppel • Disclosed but not claimed

  6. ? Warner Jenkinson Hilton Original Hilton Amended Booth Warner pH 9.0 8.0 7.0 6.0 5.0

  7. Festo • Two issues • What kinds of amendments trigger estoppel? • Does estoppel apply to all equivalents based on the amendment?

  8. Equivalents for Minor Invention Prosecution History Estoppel Equivalents for Pioneer Invention Prior Art Doctrine of Equivalents Claims

  9. Patent No. 5,205,473

  10. Patent No. 5,205,473 • “What is claimed is: • 1. A recyclable, insulating beverage container holder, comprising: • a corrugated tubular member comprising • cellulosic material and at least a first opening therein for receiving and retaining a beverage container, said corrugated tubular member comprising • fluting means for containing insulating air; said fluting means comprising fluting adhesively attached to a liner with a recylable adhesive

  11. Patent No. 5,425,497

  12. Problem 3-11 • “1. A pocket toothbrush having an exterior structure resembling a traditional fountain pen case comprising • a. a removable cylindrical end cap cover, • b. a main cylindrical body shaft over at least one end of which said end cap cover fits …, • c. said cylindrical body shaft having one end which contains toothbrush bristles …, • d. said cylindrical body shaft including an interior passage extending into said bristle end and having at least one termination opening in the area at the base of said bristles, • e. a movable plunger extending into said cylindrical body shaft in said main cylindrical body shaft, • f. said body shaft including an interior space for the accommodation of a charge of toothpaste to be fed to said bristles by operation of said movable plunger …”

  13. Administrative • Assignment for next class • Finish IV.C – Infringement • No class this Friday • Will reschedule

  14. Prosecution History Estoppel Equivalents Prior Art Reverse Doctrine of Equivalents Patent Scope Claims

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