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United States Federal Circuit


THE TORO CO. v. WHITE CONSOL. INDUS., INC., 00-1561

Even if a function is inherent in the unitary structure, if neither the patent specification nor the claim construction make the inherent function a key objective of the invention, a jury could properly find infringement under the doctrine of equivalents.

Appellate Information

  • Decided 09/24/2001
  • Published 09/25/2001

Judges

  • RADER, Circuit Judge., Before NEWMAN, RADER, and LINN, Circuit Judges.

Court

  • United States Federal Circuit

Counsel

  • For Appellant:
  • Earl D. Reiland,Merchant & Gould P.C., of Minneapolis, MN, argued for plaintiff-appellant.   With him on the brief were David K. Tellekson, and Timothy A. Lindquist.

  • For Appellees:
  • William McGuiness, Fried, Frank, Harris, Shriver & Jacobson, of New York, NY, argued for defendants-appellees.   With him on the brief were Pauline L. Wen and Rita M. Odin.
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