Unforseeability : CAFC Alert

Don’t Keep Limitations Not Needed To Distinguish the Prior Art

Sung-Hoon Kim | November 6, 2013

Integrated Technology Corporation v. Rudolph Technologies, Inc.

November 4, 2013

Moore (author), Rader, and Clevenger

Summary:

The CAFC reversed the denial of Rudolph’s motion for JMOL that its accused no-touch products do not infringe under the doctrine of equivalents.  The CAFC found that prosecution history estoppel (preventing ITC from recapturing through the doctrine of equivalents the subject matter that ITC surrendered during prosecution) presumptively applies, and that ITC failed to rebut the presumption because it failed to establish one of three exceptions by a preponderance of the evidence.


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