Skip to main content
· 8/11/2005

Freedman Seating Co. v. American Seating Co.

Citations

  • 420 F.3d 1350
  • 76 U.S.P.Q. 2d (BNA) 1001
  • 2005 U.S. App. LEXIS 16778
  • 2005 WL 1903786

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that to constitute infringement under the doctrine of equivalents, the accused product must contain each limitation of the claim or its equivalent
  • holding that a limitation was vitiated in part because the structural difference in the accused device “is not a ‘subtle difference in degree,’ but rather ‘a clear, substantial difference or difference in kind’ ” (internal citation omitted)
  • concluding that “an element of an accused prod- uct or process is not, as a matter of law, equivalent to a limitation of the claimed invention if such a finding would entirely vitiate the limitation”
  • finding that a rotatably mounted support member on a stowable seat was not equivalent to a slidably mounted support member
  • holding there is not equivalence as a matter of law “if such a finding would entirely vitiate the limitation”
  • explaining that in order to prove infringement, a patent holder must show that the accused device contains each element, literally or by equivalence, of the asserted claim

Source: CourtListener parenthetical corpus (CC0).

Judges: Mayer, Plager, Schall

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.