Numerically Non-equivalent Products Infringe under Doctrine of Equivalents: Federal Circuit | Practical Law
In Pozen Inc. v. Par Pharmaceutical, the US Court of Appeals for the Federal Circuit held, among other things, that products having 85% of a relevant drug in a tablet layer infringe, under the doctrine of equivalents, a claim limitation that requires "substantially all" of the relevant drug in that layer even though the limitation was construed to mean "at least 90%, and preferably greater than 95%."