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ARTICLE · 14 JUNE 2007

Claim Construction And Estoppel Cut A Wide Path

McDermott Will & Emery
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The U.S. Court of Appeals for the Federal Circuit reversed a finding of literal infringement, finding an erroneous claim construction and that there could not be infringement under the doctrine of equivalents because of prosecution history estoppel.

United StatesIntellectual Property
Eric Hinkes
Eric Hinkes
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The U.S. Court of Appeals for the Federal Circuit reversed a finding of literal infringement, finding an erroneous claim construction and that there could not be infringement under the doctrine of equivalents because of prosecution history estoppel. PODS, Inc. v. Porta Stor, Inc., Case No. 06-1504 (Fed Cir., Apr. 27, 2007) (Dyk, J.)

PODS initially brought suit against Porta Stor alleging infringement of a patent relating to an apparatus and method for lifting and lowering a storage container in and out of a truck. The district court granted PODS a judgment (of infringement) as a matter of law (JMOL) at the close of evidence on the patent claims, on the grounds that one claim of the patent was literally infringed and that other claims were infringed under the doctrine of equivalents.

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