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Federal Circuit Clarifies That Foreseeability Does Not Preclude the Application of the Doctrine of Equivalents

February 20, 2014

By ERIC W. DITTMANN, ISAAC S. ASHKENAZI, & MAX H. YUSEM

On February 19, 2014, the Federal Circuit issued a unanimous decision clarifying that the foreseeability of an alleged equivalent at the time of patenting is not a bar to a finding of infringement under the doctrine of equivalents, effectively removing an often-asserted noninfringement argument by alleged infringers. Ring & Pinion Service Inc. v. Arb Corp. Ltd., No. 2013-1238 (Fed. Cir. Feb. 19, 2014).

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