Robin's patented invention includes Claim 4, with elements A, B, C, and D.
a. Marissa's item includes elements A, B, and D.
b. Fiona's item includes elements A, B, D, and X, with X substituting for
element C.
Discuss whether Marissa and Fiona have infringed Robin's patent. Identify the names of any doctrines or principles that govern your answer.
What will be an ideal response?
Marissa has not infringed the patent. There is no literal infringement because the specified element C is not in Marissa's item. For literal infringement to exist, the accused device must infringe all elements of the claim.?Fiona has likely infringed the patent under the doctrine of equivalents. If element X is equivalent to element C, then infringement has occurred. Although there is no literal infringement (because Fiona's item does not include elements A, B, C, and D), if there is equivalence between the elements of Fiona's item and the claimed elements of Robin's invention, there is infringement. If Fiona's accused device contains elements identical to or equivalent to each claimed element of Robin's patented invention, it infringes under the doctrine of equivalents.
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What will be an ideal response?
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What will be an ideal response?