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The Diminishing Claim Vitiation Limitation to the Doctrine of Equivalents

Infringement under the doctrine of equivalents ("DOE") is frequently asserted in patent litigation. DOE allows a plaintiff to maintain an infringement claim even if the accused instrumentality does not literally possess all the limitations of the claim as interpreted by the court.

21 minute read April 30, 2013 at 11:14 AM
By
Albert Shih and James Yoon
The Diminishing Claim Vitiation Limitation to the Doctrine of Equivalents

Infringement under the doctrine of equivalents (“DOE”) is frequently asserted in patent litigation. DOE allows a plaintiff to maintain an infringement claim even if the accused instrumentality does not literally possess all the limitations of the claim as interpreted by the court.

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