Doctrine of Equivalents

All elements rule versus Doctrine of equivalents, a recent decision by Delhi High Court

The Delhi High Court recently addressed the interplay between the all elements rule and the doctrine of equivalents in a patent dispute over brick-making machines. The Court granted interim relief, affirming a nuanced approach to patent claim analysis and infringement in Indian law.

CASE BRIEF: FMC Corporation & Ors. vs. Natco Pharma Limited

The Delhi High Court analysed whether Natco Pharma’s process infringed FMC Corporation’s patented method for producing chlorantraniliprole. The court, relying on expert opinions, found key differences in process steps and chemical agents, leading to a decision of non-infringement.

Prosecution History E’stop’pel!

This post discusses prosecution history estoppel and its influence on the doctrine of equivalents, using the Felix v. Honda case to highlight key legal implications. It underscores the necessity for precise claim amendments during patent prosecution to avoid unintended limitations on enforcement rights.

Festivities at the IPO, Amazon’s drone patents, Qualcomm patent licensing, Nokia’s mega patent deal, Qualcomm v. Apple in China, BananaIP cited in Forbes, Doctrine of Equivalence, Nuziveedu v. Monsanto, Patent Tip of the Week and more.

This weekly update delivers insights into Indian patent news, featuring IPO statistics, Amazon’s drone patent, and global licensing deals. It also addresses significant disputes and legal doctrines relevant to patent practice.

Prosecution History Estoppel

The doctrine of prosecution history estoppel shapes how patent claims are interpreted following amendments made during prosecution. This analysis covers its application in India, focusing on the challenges it presents for patentees and practitioners.