Topic: the doctrine of equivalents prevents an accused infringer f… · Go Syfert
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Topic #9122

7 canonical passages across 6 cases, quoted by 40 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Sage Products, Inc. v. Devon Industries, Inc., Defendant/cross-Appellant.

#Case FlagCanonical passage Citers
1 Sage Products, Inc. v. Devon Industries, Inc., Defendant/cross-Appellant Anchor
cafc · 1997
green “the doctrine of equivalents prevents an accused infringer from avoiding infringement by changing only minor or insubstantial details of a claimed invention while retaining their essential functionality.” 11
2 Crown Packaging Technology, Inc. v. Rexam Beverage Can Co.
cafc · 2009
green “a finding of infringement under the doctrine of equivalents requires a showing that the difference between the claimed invention and the accused product was insubstantial.” 8
3 Sram Corp. v. Ad-Ii Engineering, Inc.
cafc · 2006
green “when evaluating a motion for summary judgment, the court views the record evidence through the prism of the evidentiary standard of proof that would pertain at a trial on the merits.” 6
4 Eli Lilly and Company v. Hospira, Inc.
cafc · 2019
green “the patentee has the burden of proving infringement by a preponderance of the evidence.” 5
5 Indivior Inc. v. Dr. Reddy's Laboratories, S.A.
cafc · 2019
green “an infringement analysis has two steps.” 4
6 Lexmark International, Inc. v. Impression Products, Inc.
cafc · 2016
green “whoever without authority makes, uses, offers to sell, or sells any patented invention, within the united states . . . infringes the patent.” 3
7 Eli Lilly and Company v. Hospira, Inc.
cafc · 2019
green “patent infringement is principally determined by examining whether the accused subject matter falls within the scope of the claims.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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