Cancellation of Independent Claims in IPR Does Not Estop Doctrine of Equivalents Arguments for Surviving Dependent Claims
Jan 31, 2022Patent Trial & Appeal Board, Inter Partes Review, Doctrine of Equivalents
A judge in the Eastern District of Virginia recently held that cancellation of independent claims in an inter partes review (IPR) did not preclude the plaintiff from asserting infringement based on the doctrine of equivalents for surviving dependent claims. The district court found that, as a matter of law, amendment-based prosecution history estoppel does not apply based on the Patent Trial and Appeal Board’s cancellation of all independent claims of the patent.
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