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Vitiating Claim Vitiation?

December 2013

Intellectual Property Today

Claim vitiation has often been viewed as a limitation on the doctrine of equivalents. If a plaintiff's theory of equivalence vitiated or effectively read out a claim limitation, there could be no infringement under the doctrine of equivalents pursuant to that theory.This was the tradeoff for claiming an invention narrowly. Recent Federal Circuit case law has emphasized some boundaries on this doctrine.

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