Doctrine of Equivalents in Patent Litigation

15 years ago, several studies announced the “death of the doctrine of equivalents” post Festo. The chart below shows that courts have continued to write opinions about the DOE, and there have been several major cases where the doctrine was an important element of the patentee’s win.

2 thoughts on “Doctrine of Equivalents in Patent Litigation

  1. 2

    Anyone have any posit(s) for the 1980+/- explosion / 2021+/- implosion?

    Given its timing, Festo (11/2000) seems to have had little or no effect.

  2. 1

    So , the Several Studies were not Entirely Accurate? Horrors.

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