May 12, 2021

Volume XI, Number 132

Recent Pharmaceutical, Chemical, and Biotech Patent Case Law on Infringement Under the Doctrine of Equivalents

The Doctrine of Equivalents is a judicially created doctrine allowing a court to find infringement when an accused instrumentality is insubstantially different from the patented invention, or when the accused instrumentality performs substantially the same function in substantially the same way to achieve the same result as the patented invention. This presentation will explore recent case law on the Doctrine of Equivalents and will include discussions of topics including:

  •  The continued viability of the Doctrine of Equivalents as a tool for proving patent infringement;

  •  Judicial guidance on the successful application of the “insubstantial difference” and “function/way/result” tests;

  •  How limitations on the Doctrine of Equivalents can influence prosecution and litigation strategies.

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