EPOS Digital Pen Patent Suit Revived By Fed Circ.

Law360, New York (September 5, 2014, 6:21 PM EDT) -- The Federal Circuit on Friday vacated a ruling that EPOS Technologies Ltd. hadn't infringed on five patents held by Pegasus Technologies Ltd. and Luidia Inc. related to pens for digitizing writing, finding the lower court had botched several claims constructions and a doctrine of equivalents determination.

The panel, which consisted of Circuit Judges Todd M. Hughes and William C. Bryson, found that the D.C. district court had improperly construed four terms for the patents-in-suit and had taken an ill-advised "shortcut" in finding one of the patents wasn't infringed under the doctrine of equivalents.

As a result, the appeals panel vacated U.S....

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