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· 1/7/1993

Valmont Industries, Inc., Plaintiff/cross-Appellant v. Reinke Manufacturing Company, Inc.

Citations

  • 983 F.2d 1039
  • 25 U.S.P.Q. 2d (BNA) 1451
  • 1993 U.S. App. LEXIS 232

How courts have described this case

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

  • noting § 112 ¶ 6 “operates more like the reverse doctrine of equivalents than the doctrine of equivalents because it restricts the coverage of literal claim language”
  • noting § 112 ¶ 6 “operates more like the reverse doctrine of equivalents than the doctrine of equivalents because it restricts the coverage of literal claim language”
  • finding no infringement where although accused device performed “the same function” and achieved “substantially the same result,” it did so in a “very different way,” using a means that was not an identical or equivalent structure under section 112(6)
  • \The applicant must describe in the patent specification some structure which performs the specified function.\
  • \the doctrine 'is designed to do equity'\ (quoting Perkin-Elmer Corp. v. Westinghouse Elec. Corp., 822 F.2d 1528, 1532, 3 USPQ2d 1321, 1324 (Fed. Cir. 1987)) (emphasis added)
  • \The word 'equivalent' in section 112 invokes the familiar concept of an insubstantial change.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Michel, Friedman, Rader

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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.