Fed. Circ. Revives Patent Suit Over Horizontal Drill

Law360, New York (July 26, 2013, 5:05 PM ET) -- The Federal Circuit on Friday revived Charles Machine Works Inc.'s patent infringement lawsuit against Vermeer Manufacturing Co., ruling a jury should decide whether horizontal rock drills made by Vermeer infringe a CMW patent.

In a mixed decision, the appellate court ruled that evidence offered by CMW leaves open the question of whether commercial drills manufactured by Vermeer infringe the company's patent under the doctrine of equivalents. The doctrine gives patent owners an opportunity to prove infringement when a device falls outside the literal scope of a...
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