Numerically Non-equivalent Products Infringe under Doctrine of Equivalents: Federal Circuit | Practical Law

Numerically Non-equivalent Products Infringe under Doctrine of Equivalents: Federal Circuit | Practical Law

In Pozen Inc. v. Par Pharmaceutical, the US Court of Appeals for the Federal Circuit held, among other things, that products having 85% of a relevant drug in a tablet layer infringe, under the doctrine of equivalents, a claim limitation that requires  "substantially all" of the relevant drug in that layer even though the limitation was construed to mean "at least 90%, and preferably greater than 95%." 

Numerically Non-equivalent Products Infringe under Doctrine of Equivalents: Federal Circuit

by PLC Intellectual Property & Technology
Published on 28 Sep 2012 • USA (National/Federal)
In Pozen Inc. v. Par Pharmaceutical, the US Court of Appeals for the Federal Circuit held, among other things, that products having 85% of a relevant drug in a tablet layer infringe, under the doctrine of equivalents, a claim limitation that requires "substantially all" of the relevant drug in that layer even though the limitation was construed to mean "at least 90%, and preferably greater than 95%."