Friday, January 16, 2009

"Squared corners" is not equivalent to "semi-circular"

Pillow with "squared corners at the top of the crown" did not infringe a claim requiring a "semi-circular crown" under the doctrine of equivalents. "[The patentee's] assertion that the top of the crown is functionally irrelevant implies that not only square corners, but any-shaped corner or top of the crown would be equivalent to the 'semi-circular crown' limitation. . . . As in Tronzo [v. Biomet, Inc., 156 F.3d 1154, 1160 (Fed. Cir. 1998)], such a result would read the 'semi-circular crown' limitation out of the claim.", Inc. v. Leachco, Inc., 3-07-cv-01600 (PAMD January 12, 2009, Memorandum & Order).

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