Fed. Circ. Rules 'Foreseeable' Equivalents Can Infringe

Law360, New York (February 19, 2014, 5:57 PM EST) -- The Federal Circuit on Wednesday clarified that the foreseeability of a possible equivalent invention does not bar a patent owner from proving infringement under the doctrine of equivalents, finding that car parts distributor Ring & Pinion Service Inc. had flouted a rival's patent for an automotive locking differential.

In a unanimous, precedential opinion, the panel flatly rejected R&P's position that because a portion of its locking differential was foreseeable at the time of ARB Corp. Ltd.'s patent application, ARB cannot secure an infringement finding under the...
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