Judge Rader Says "Vitiation" Can't Swallow Doctrine of Equivalents

12/26/2012

Recently the Federal Circuit addressed the doctrine of equivalents and reminded district courts not to employ "vitiation" to nullify the doctrine. In Deere & Co. v. Bush Hog, LLC, the grant of summary judgment from the Southern District of Iowa was reversed and the case remanded for further proceedings consistent with the Federal Circuit decision. On PLI's Patent Law Practice Center, Gene Quinn discusses the case.

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