Friday, June 16, 2006

Paging SPQR

Can you suggest a link where I could find a clear explanation, with examples, of the vitiation doctrine as it applies to patents and non-infringement? I'm just not getting it.

Payment in your choice of beverage, as soon as you come to Taiwan to collect.
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4 comments:

Michael Turton said...

Karl, check your newtools email. I think I have the answer.

Michael

10:14 PM
Robin said...

Karl,

Its not my area of expertise, but the context in which I'm familiar with the term is as a limit on how the doctrine of equivalents works.

The doctrine of equivalents is a doctrine that allows the patent holder to argue that different ways of accomplishing one of the elements of a claim are the equivalent of the claim's described element and so the variation is still infringing.

The vitiation doctrine as I understand it, says that you can't use the doctrine of equivalents principle to determine that a variation is infringing if the "equivalent" element would contradict ( or "vitiate" ) a limitation that is explicitly in the claim.

Example:
http://www.patentlyo.com/patent/2005/08/cafc_further_vi.html

Is that helpful?

12:04 PM
Chaon said...

Very. Thanks Robin.

11:06 AM
Robin said...

Sure, use me and throw me away.

11:11 AM

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