Still Difficult For Patent Holder To Use Equivalents Theory

By Alan Wang (October 19, 2017, 2:08 PM EDT) -- A recent Federal Circuit case reminds us how difficult it is for a patent holder to win an infringement case based on a doctrine of equivalents (DOE) infringement theory. In Jang v. Boston Scientific Corp. & Scimed Life Systems Inc., No. 16-1275 (Fed. Cir. Sep. 29, 2017), the Federal Circuit affirmed the district court's vacatur of the jury's infringement verdict, finding that Boston Scientific Corporation's (BSC) product did not infringe the asserted claims of Dr. David Jang's patent under the DOE because Jang did not meet his burden of proving that his DOE theory did not ensnare the prior art.

The DOE...

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