Doctrine of Equivalents Must Be Applied on Element-By-Element Basis
Client Alert | 1 min read | 02.14.08
A Federal Circuit panel, in Miken Composites v. Wilson Sporting Goods Co. (No. 2006-1628; February 6, 2008), affirms a district court’s summary judgment determination that certain softball and baseball bats did not infringe a patent related to an improved bat design. The panel reviews and affirms the district court's claim construction as well as the determination of non-infringement.
In the patented bat design, a tubular insert is suspended within the impact portion of the tubular frame of the bat, yielding leaf-spring characteristics. One of the disputed claim terms was "insert", which had previously been construed to have its plain meaning of "something inserted or intended for insertion." The patentee (Wilson) argued that the district court erred in its construction because, it contended, the district court was importing a process limitation into claims for a product. The panel disagreed, finding that even though the meaning of the claim term has functional attributes, it nonetheless recites a structural component.
The panel affirms a finding of no literal infringement with respect to both Miken's carbon and non-carbon bats. Next, the panel reviews the district court's finding that the carbon bats do not infringe under the doctrine of equivalents. The panel concludes that Wilson had shown, at most, “the equivalency of the accused products as a whole.” In order to infringe under the doctrine of equivalents, however, the panel states that an objective inquiry must be made on an element-by-element basis. Therefore, non-infringement under the doctrine of equivalents is affirmed.
Insights
Client Alert | 10 min read | 10.23.25
The EU’s Defense Readiness Roadmap and Omnibus: What are the Implications for Defense Procurement?
On October 16, 2025, the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy presented their Defense Readiness Roadmap 2030 to the EU Member States. This comprehensive plan aims to strengthen European defense capabilities. It follows, and should be read together with, the Commission’s Defense Readiness Omnibus that was published in June 2025. The Omnibus contains a set of proposals to facilitate defense investments and boost EU Member States’ responsiveness to today’s security challenges.
Client Alert | 5 min read | 10.22.25
Sixth Circuit Reaffirms Privilege Protections During Internal Investigations
Client Alert | 4 min read | 10.21.25
Pivot Point for 340B: HRSA Rebate Model Pilot Program Approaches Launch
Client Alert | 5 min read | 10.20.25
What’s new for Belgian Construction Contracts under the New Book 7 of the Civil Code
