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016 patent infringement
- 1. Tina McKeon, Ph.D. FIRE Series: University of Rochester Medical Center Office of Technology Transfer Patent Infringement: what it is, what it isn't and why it matters to you.
- 2. The U.S. Patent Office and the Courts Chart by R. Polk Wagner
- 6. Elements recited Meat Product 2 Slices of Bread Edible Salad Cheese
- 7. Accused Burger I Hamburger Weekly October 23 , 1980 Say Goodbye to Unmanageable Burgers - J. Fadrigo Finally, the scientists at Acme Burger emerged from the depths of their laboratories. With their resurfacing, the scientists brought the latest in burger technology. This revolutionary new burger has an edible salad component, meat product and cheese, all between the two slices of bread. The edible salad component makes for a better handling burger. Look for these new burgers to hit the market early next year.
- 8. Accused Burger II October 23 , 1980 Hamburger Weekly Say Goodbye to Unmanageable Burgers - J. Fadrigo Finally, the scientists at Acme Burger emerged from the depths of their laboratories. With their resurfacing, the scientists brought the latest in burger technology. This revolutionary new burger has an edible salad component and meat product, both, between the two slices of bread. The edible salad component is covered with a cheese-flavored sauce. Look for these new burgers to hit the market early next year.
- 9. Literal Infringement Analysis The Claimed Burger Two Slices of Bread Cheese Edible Salad Meat Product Literal Infringement? #1 Yes #2 No
- 10. Non-literal Infringement Analysis The Claimed Burger 2 Slices Of Bread Cheese Edible Salad Meat Product Infringement under the Doctrine of Equivalents? #2 Cheese Flavored Dressing Yes, if cheese- flavored dressing is the legal equivalent to cheese.
- 24. Questions
Notes de l'éditeur
- Fed courts hear patent cases. Appeals from US PTO typically to Court of Appeals for the Federal Circuit. Infringement suits or suits for a declaratory judgment of invalidity are brought in district court, which also appeals to CAFC.
- Claim construction in the form of a Markman hearing DOE next slide
- Here is our invention – sandwich comprising two pieces of bread, a piece of cheese, a meat patty, and a salad “wad”
- Edible salad component, meat, cheese, two pieces of bread
- Now let’s consider this reference without the cheese.
- If equivalent then =infringmeent; Would the noncorrugated coffee cup holder infringe the Starbucks claim with corrugated? If claim was amended to include the phrase corrugated to get around a piece of prior art, then certainly no DOE! Applicant gave it up.
- Includes licensees This is not assessed by the PTO – comes up inevitably in an infrginemetn suit as a defense to infrginement
- Damages usually arise only after issuance but Provisional rights can give rise to damages after publication of the claims Exceptional case - willfulness