Tuesday, March 24, 2009

"Only" Means "Only": Any Range of Equivalents Beyond "Only" Vitiates That Claim Element

Where the asserted patent claims were construed to require laser light of a frequency that is absorbed by water "only to a negligible degree," a laser light of a frequency that is absorbed "more than to a negligible degree" could not infringe under the doctrine of equivalents because such a finding would completely vitiate that claim element.


American Medical Systems, Inc. v. Biolitec, Inc., 3-07-cv-30109 (MAD March 20, 2009, Memorandum & Order)

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