Ensnarement — A 2nd Bite At The Noninfringement Apple

By Brian D. Coggio and Ron Vogel (August 15, 2018, 1:32 PM EDT) -- "Ensnarement" is a potent defense to a finding of infringement under the doctrine of equivalents. Indeed, on July 30, 2018, in Janssen Biotech Inc. v. Celltrion Healthcare Co. Ltd., the U.S. District Court for the District of Massachusetts granted Celltrion's motion for summary judgment of noninfringement, holding that Janssen's proposed hypothetical claims covering the manufacture of Inflectra ensnared the prior art.

Ensnarement is based on the principle that the allowable range of equivalents to a patent claim cannot encompass or "ensnare" the prior art. To establish infringement under the doctrine of equivalents, the patentee — after a successful jury verdict —...

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