Patent Litigation Lawyer

As technology becomes more sophisticated and complex, determining whether or not a competing object has significantly infringed upon another creative invention, with similar components and functionality, has become an increasingly difficult task. 

Ultimately, the decision of whether or not a device has been infringed upon depends on the definition of what the device is and what it will be used for.  In some courts, a series of tests are conducted in order to make a determination. 

Devices are vetted against a “Doctrine of Equivalents.”  Through this process, elements of the accused device are compared very closely to the claimed device.  If there is a high equivalency rate, then the accused device may be charged.  Equivalency is determined through a “triple identity” test, which illustrates whether the elements of the device “perform substantially the same function in substantially the same way to obtain the same result.”

These matters can be quite confusing.  If you would like to explore your options in patent litigation law, contact the patent law attorneys of Williams Kherkher at 866-950-9000.