Intellectual Property Publications

More Pitfalls for the Unaware Patent Litigator – Early and Clear Notice of Patent Invalidity Needed in Order to Obtain Attorney’s Fees

By: Davis|Kuelthau’s Intellectual Property Team Hot on the heels of the Court of Appeals for the Federal Circuit (CAFC) ruling that patent trial discovery conduct can result in the invalidating an otherwise valid patent (Regeneron Pharmaceuticals, Inc. v. Merus N.V. (Fed. Cir. 2017)), the CAFC held on June 11, 2018 that a failure of one…

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Raising an Ensnarement Defense Defeats the Doctrine of Equivalents

By: Davis|Kuelthau’s Intellectual Property Team Is the Doctrine of Equivalents (DOE) dead, once again? Effectively, yes. All an alleged infringer needs to do is raise an ensnarement defense (a claim that a DOE enlarged hypothetical claim reads on the prior art), and then show that the equivalent element was known in the prior art. Most…

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