The U.S. Court ofAppeals for the Federal Circuit recently reiterated the rule of Warner-Jenkinson,that the doctrine of equivalents will not be applied so broadly as to whollyeliminate a limitation recited in a claim. Cooper Cameron Corp. v. KvaernerOilfield Products Corp., Nos. D1-1383, -1408 (Fed. Cir. May 14, 2002). Cooper owns patentsrelated to subsea wellheads that protect the well during maintenance andrepair. The claim at issue recites, "[a] wellhead comprising a workoverport extending laterally through the wall of the spool tree from between thetwo plugs" (emphasis added). The accused device had a workover portplaced above the two plugs. Cooper claimed infringement of its patentunder the doctrine of equivalents. The Federal Circuitaffirmed the district court's grant of summary judgment, holding that thedefendant's workover port enters the wellhead assembly "above" thetwo plugs, which "cannot be equivalent to a connection 'between...
'All-Limitations Rule' Applies Strictly To Doctrine of Equivalents Infringement
|Author:||Ms Autumn Gresowski|
|Profession:||McDermott Will & Emery|
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