IBM Denied Summary Judgment On Infringement By Equivalents Claim

IBM Denied Summary Judgment On Infringement By Equivalents Claim

MONTGOMERY, Ala. - Until the Federal Circuit U.S. Court of Appeals decides otherwise, a claim for patent infringement under the doctrine of equivalents need not be pleaded explicitly in a "bare-bones" complaint as separate from a claim for literal infringement, an Alabama federal judge ruled June 4 (Auburn University v. International Business Machines Corp., No. 09-694, M.D. Ala.; 2012 U.S. Dist. LEXIS 76709).

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