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Expert Analysis

Claim Vitiation — Still A Legal Limitation?

Law360, New York ( September 13, 2013, 12:53 PM EDT) -- In Warner-Jenkinson Co. v. Hilton Davis Chem. Co.,[1] the U.S. Supreme Court created the claim vitiation doctrine. After affirming the continued existence of the doctrine of equivalents, the Supreme Court said that "the various legal limitations on the application of the doctrine of equivalents are to be determined by the court" and that "if a theory of equivalence would entirely vitiate a particular claim element, partial or complete judgment should be rendered by the court, as there would be no further material issue for the jury to resolve."[2]...

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