The Intellectual Property Owners Association (IPO) will offer a one-hour webinar entitled "Doctrine of Equivalents: Tips for Plaintiffs, Defendants, and Patent Prosecutors" on June 18, 2019 from 2:00 to 3:00 pm (ET). Brian Coggio of Fish & Richardson, Mark Feldstein of Finnegan, and Sailesh Patel of Schiff Hardin will provide insights regarding the doctrine of equivalents (DOE) for litigators, and also highlight prosecution pitfalls that can lessen the chance of the patentee proving infringement by the DOE in the future. The panel will analyze decisions including Duncan Parking Technologies, Inc. v. IPS Group, Inc., Enzo Biochem Inc. v. Applera Corp., Mylan Institutional LLC v. Aurobindo Pharma Ltd., and discuss:
• How limitations on DOE play a role, and difficulties plaintiffs face in making a case for the DOE;
• Trying to find vitality in the DOE, such as by successfully applying the "function/result/way" or the "insubstantial difference" test; an
• The danger to successful plaintiffs from the "ensnarement" doctrine, which has seen increased application and can play out as a trial within a trial.
The registration fee for the webinar is $135 (government and academic rates are available upon request). Those interested in registering for the webinar can do so here.
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