The Federal Circuit in Tate Access Floors, Inc. v. Interface Architectural, 279 F.3d 1357, 1368 (2002), announced the death of the Reverse Doctrine of Equivalents (RDOE)
Post Mortem of the Reverse Doctrine of Equivalents
The Federal Circuit in <i>Tate Access Floors,Inc. v. Interface Architectural,</i> 279 F.3d 1357, 1368 (2002), announced the death of the Reverse Doctrine of Equivalents (RDOE). The Supreme Court created the RDOE as an equitable release valve for accused devices that literally infringe claims. The RDOE applies "where a device is so far changed in principle from a patented article that it performs the same or a similar function in a substantially different way, but nevertheless falls within the literal words of the claim." <i>Graver Tank & Manufacturing Co. v. Linde Air Products Co.,</i> 339 U.S. 605, 608-609 (1950); <i>see also Boyden Power-Brake Co. v. Westinghouse,</i> 170 U.S. 537 (1898). In such a case, the RDOE "may be used to restrict the claim and defeat the patentee's action for infringement." <i>Graver Tank,</i> 399 U.S. at 609.
This premium content is locked for LawJournalNewsletters subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN LawJournalNewsletters
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already have an account? Sign In Now
For enterprise-wide or corporate access, please contact Customer Service at [email protected] or call 1-877-256-2473.






