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Posted On: 09/27/2019 7:41:01 PM
http://www.cafc.uscourts.gov/sites/default/fi...9-2019.pdf
Appeal Hearing Conclusion in final decision for similar cases to DECN's is copied below. IMO, this seems to support a good outcome for DECN next week. Thanks for posting the appeal (2018-2128) case number Pluto. The clock is ticking....
"In summary, these cases are eminently suitable for application of the doctrine of equivalents, and we conclude that neither prosecution history estoppel nor the disclosure-dedication rule bars Lilly from asserting infringement through equivalence.
CONCLUSION
We have fully considered each party’s further arguments but find them unpersuasive. For the foregoing reasons, we reverse the district court’s finding of literal infringement in the Hospira Decision but affirm its judgment of infringement under the doctrine of equivalents. The judgment of infringement under the doctrine of equivalents in the DRL Decision is likewise affirmed."
Appeal Hearing Conclusion in final decision for similar cases to DECN's is copied below. IMO, this seems to support a good outcome for DECN next week. Thanks for posting the appeal (2018-2128) case number Pluto. The clock is ticking....
"In summary, these cases are eminently suitable for application of the doctrine of equivalents, and we conclude that neither prosecution history estoppel nor the disclosure-dedication rule bars Lilly from asserting infringement through equivalence.
CONCLUSION
We have fully considered each party’s further arguments but find them unpersuasive. For the foregoing reasons, we reverse the district court’s finding of literal infringement in the Hospira Decision but affirm its judgment of infringement under the doctrine of equivalents. The judgment of infringement under the doctrine of equivalents in the DRL Decision is likewise affirmed."
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