Law360, New York (April 16, 2013, 12:49 PM EDT) -- As recently as 2011, prominent commentators declared the doctrine of equivalents "for all intents and purposes dead" citing the decrease in successful cases. Yet recent Federal Circuit opinions upholding infringement findings under the doctrine and vacating findings of noninfringement have prompted renewed questions of whether the doctrine may be coming back to life.
To explore this idea, the authors analyzed recent district court cases applying the doctrine. The results suggest that reports of the doctrine's revival are if not greatly than at least somewhat exaggerated. Although well-developed doctrine of equivalents cases have been modestly successful in surviving summary judgment motions, plaintiffs...
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