Federal Circuit Suggests That “Insubstantial Differences” Test May Be More Suitable Than “Function-Way-Result” Test For Evaluating Equivalence In Chemical Patent Cases

Fitzpatrick Case Update
May 22, 2017

In a May 19, 2017 panel decision, Federal Circuit Justices Lourie, Moore and Reyna suggested that an “insubstantial differences” test may be more suitable than a “function-way-result” test for evaluating infringement under the doctrine of equivalents in patent cases involving the chemical arts.

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