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Wilson Strikes Out: No Such Thing As Equivalents As A Whole.

Publication: Mondaq Business Briefing
Publication Date: 11-MAR-08 		Format: Online
Delivery: Immediate Online Access

Article Excerpt
The patent in question, making its third appearance at the plate (i.e., at the U.S. Court of Appeals for the Federal Circuit) resulted (this time) in a ruling that absent element-by-element equivalents, there can be no infringement by equivalents. Miken Composites v. Wilson Sporting Goods, Case No. 06-1628 (Fed. Cir., Feb. 6, 2008) (Linn, J.)

Wilson is the owner of a patent that relates to the use of structural members inside bats to improve their impact response. The parties' contentions regarding infringement revolved around two claim limitations: an "insert" positioned within a bat frame and a "gap" between the insert and the bat frame.

Several of the accused bats...

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