Federal Circuit in Amgen Inc. v. Coherus Biosciences Inc. affirmed a district
court decision that once certain subject matter is clearly and unmistakably
surrendered during prosecution, the patentee is barred from asserting an
infringement claim under the doctrine of equivalents.
patent eligible subject matter, the court found that the defendant failed to
propose a satisfactory abstract idea. The court, instead, found that the patent
claims recite an allegedly new way for improving a voice gateway.
Federal Circuit found error’s in claim construction and consequently reversed
the judgment of literal infringement.
However, the court affirmed the alternative judgment of infringement
under the doctrine of equivalents (DOE).
lawsuit was filed against Hyperice, Massage Guns and Alyne for violating
Theragun's various patents. The lawsuit seeks damages and an injunction to
prevent the Defendants from selling any products infringing Theragun's patented
The FastShip decision touches on a gamut of Section1498(a)
topics in its ranging 34 pages.6 Two of the more consequential issues include:
litigation financing’s effect on a patent owner’s standing to request fees; and
the fee-shifting inquiry’s occupation with prelitigation conduct.