Intellectual Property Boston College Law School March 7, 2007 Patent – Infringement 3.

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Presentation transcript:

Intellectual Property Boston College Law School March 7, 2007 Patent – Infringement 3

Doctrine of Equivalents Limitations –Claim on prior art –Prosecution history estoppel –Disclosed but not claimed

Means Plus Function Claims 35 U.S.C. 112 –“An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.”

Contributory Infringement Elements –(1) Sale of a product –(2) Material part of patented invention/process –(3) Knowledge –(4) Specially made or adapted for infr. use –(5) Not a staple article of commerce –(6) No substantial non-infringing use

Foreign Activity 35 U.S.C. 271(f)(1) –“Whoever … supplies or causes to be supplied in or from the United States all or a substantial portion of the components of a patented invention … in such manner as to actively induce the combination of such components outside the United States …shall be liable.”

Administrative Assignment for next class –Finish IV.D – Defenses No class this Friday –Will reschedule