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All elements rule versus Doctrine of equivalents

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

The Delhi High Court in a recent patent infringement dispute, held that ‘all-elements rule’ cannot be adopted to the exclusion of the ‘pith and marrow rule’. Facts: SNPC Machines (Plaintiff) sought a permanent injunction against Mr. Vishal Choudhary (Defendant) for manufacturing and selling brick-making machines which were similar to plaintiffs’ brick-making machines granted under patent nos. 353483, 359114, 374814, and 385845. Further, relief was also sought by the plaintiff for infringement of copyright in literature/ specification/ artistic features related to the…

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This image depicts a prototype of word STOP being chained from both the sides. This image is relevant as this post is about Prosecution History E’stop’pel. Click on this image for more information

Prosecution History E’stop’pel!

This post was first published on 3rd September, 2014.   All of us have experienced times when things don’t work the way we want them to when we really need them to. Exactly the same way, extended protection given to the patentee under the Doctrine of Equivalents (DOE) doesn’t always help you when you need it the most. Many a time, the application has to be amended in order to accommodate the Patent Law requirements, which is called the Prosecution History or File-Wrapper.…

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Patents, Startups, Innovations, Interesting Patents and Designs, Government Updates, Latest Patent Disputes, Eli Lilly versus Actavis, Doctrine of Equivalents, Patent Tip of the Week and more.

  Patents, Startups, Innovations, Interesting Patents and Designs, Government Updates, Latest Patent Disputes, Eli Lilly versus Actavis, Doctrine of Equivalents, Patent Infringement, Plant varieties, Patent Tip of the Week, Patent pending, Patented and more weekly news updates,  presented by the Patent attorneys and experts of BananaIP Counsels, India’s Premier New Age IP Firm Patent Quote of the week “Patents stand for you when everything else is lost.” - Dr. Kalyan C. Kankanala, Renowned IP Attorney, Professor and Novelist Patent Stats from the…

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