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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!