Doctrine of Claim Vitiation — Part 1

While the oral argument from Cross Medical Products v. Sofamor Danek, 480 F.3d 1335 (Fed. Cir. 2007) is somewhat dated, it is pretty interesting in regard to the doctrine of claim vitiation.  Much of the discussion focused on vitiation, although the opinion said nothing about vitiation.

Judge Rader inquired with both the appellant and the appellee as to where does vitiation stop and the doctrine of equivalents begin:  [Listen] and [Listen].

You can read the opinion for this case here: [Read].

You can listen to the entire oral argument here: [Listen].

2 Responses to “Doctrine of Claim Vitiation — Part 1”

  1. [...] that he authored for the panel) that addressed claim vitiation.  See the previous posts here: [Vitiation Part I] [Vitiation Part [...]

  2. [...] from the bench in past cases.  See these posts for past comments by Chief Judge Rader. [Link], [Link], and [...]