United States Federal Circuit

Summary judgment for defendants that its accused commercial products and non-commercial prototypes do not infringe, literally or under the doctrine of equivalents, plaintiff's patents related to a two-pipe drill for boring underground holes in the horizontal direction, is: 1) vacated in part and remanded, where plaintiff did not have sufficient notice that the prototypes were within the scope of the summary judgment decision; 2) affirmed in part, where there is no literal infringement as to the accused commercial products; but 3) reversed in part and remanded, where there is infringement under the doctrine of equivalents.

Appellate Information

• Decided 07/26/2013
• Published 07/26/2013

Judges

• MOORE

Court

• United States Federal Circuit

Counsel