· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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