April 5, 2013

Federal Circuit Decisions for Week Ending February 22, 2013

Brilliant Instruments, Inc. v. Guidetech, LLC (February 20, 2013) Case No. 2012-1018 (precedential) (2-1) Patent Nos. 6,226,231; 6,181,649; and 6,091,671

Key points:

  • “Vitiation” is not an exception to the doctrine of equivalents, but instead a legal determination that no reasonable jury could determine two elements to be equivalent.
  • Vitiation has its clearest application “where the accused device contain[s] the antithesis of the claimed structure.”

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