Analysis

Ensnarement 101: Anatomy Of An Uncommon Patent Defense

Law360, New York (October 24, 2017, 2:04 PM EDT) -- A recent Federal Circuit decision clearing Boston Scientific Corp. in a $200 million patent case drew attention to the rarely invoked ensnarement defense to infringement. Here's a primer on how the defense works and why attorneys say accused infringers should consider using it more often.

In a ruling last month, the appeals court upheld a judge's decision that the ensnarement defense shielded Boston Scientific from liability in a case where a doctor alleged the company's Express coronary stent is covered by his patent.

Ensnarement bars patent owners from asserting an infringement theory under the doctrine of equivalents that encompasses, or "ensnares,"...

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!

TRY LAW360 FREE FOR SEVEN DAYS