Tag: Doctrine of Equivalents
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Actelion v. Mylan: Federal Circuit Limits Equivalents Theory After Ambiguous pH Claim Construction
The Federal Circuit’s decision in Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc., Case No. 24-1641 (Fed. Cir. May 13, 2026), provides an important reminder that scientific terminology in patent claims is not interpreted in a vacuum. Even seemingly straightforward numerical limitations can become highly contextual when industry standards, measurement conventions, and prosecution history intersect. In…
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Bissell v. ITC: Firmware Redesign Defeats ITC Exclusion Order
When patent owners prevail in Section 337 investigations before the International Trade Commission, the resulting exclusion orders can be commercially devastating. But sophisticated respondents increasingly prepare redesign strategies while the investigation is still pending, particularly where the accused functionality is controlled through firmware or software logic. The Federal Circuit’s decision in Bissell, Inc. v. International…
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Wonderland v. Evenflo: Federal Circuit Reassesses Infringement, Injunction, and Willfulness
The Federal Circuit’s decision in Wonderland Switzerland AG v. Evenflo Company, Inc. (Dec. 17, 2025) delivers a sweeping reset across several familiar but frequently contested areas of patent law: doctrine of equivalents limits, claim construction discipline, permanent injunction standards, and the evidentiary threshold for willfulness. The court affirmed much of the jury’s infringement verdict, but…