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.
Sipping aqua vitae, spitting aqua fortis.
Karl, check your newtools email. I think I have the answer.
ReplyDeleteMichael
Karl,
ReplyDeleteIts 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?
Very. Thanks Robin.
ReplyDeleteSure, use me and throw me away.
ReplyDelete