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IP Litigation: Raising an Ensnarement Defense Defeats the Doctrine of Equivalents - The National Law Forum
Advertisement Is the Doctrine of Equivalents (DOE) dead, once again? Effectively, yes. All an alleged infringer needs to do is raise an ensnarement defense (a claim that a DOE enlarged hypothetical claim reads on the prior art), and then show that the equivalent element was known in the prior art. Most equivalent elements (not considering … Continue reading IP Litigation: Raising an Ensnarement Defense Defeats the Doctrine of Equivalents
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