March 2014 — Foreseeability Does Not Bar Doctrine of Equivalents
In Ring & Pinion Service Inc. v. ARB Corporation Ltd., the Federal Circuit found that a substitute that was foreseeable at the time patent application was filed could be covered under the DOE. No. 2013-1238, slip op. (Fed. Cir. Feb. 19, 2014). Thus, even though the patent owner could have foreseen the substitute, there is no requirement that the patent application specifically claim that substitute.
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