Motion to reconsider equivalents ruling is denied

Posted on April 22, 2010 by Morris James LLP

Robert Bosch, LLC v. Pylon Manufacturing Corp., Civ. No.08-542-SLR, April 12, 2010.

Robinson, J.  Defendant’s motion for reconsideration of the court’s decision regarding the entitlement to equivalents is denied.

The Court denies defendant’s motion for reconsideration of its earlier decision regarding the entitlement to equivalents of one of the claims of one of the patents-in-suit.  The prosecution history did not result in a narrowing of the claim so as to effect an estoppel under Festo against a later assertion of the doctrine of equivalents.  The patents-in-suit relate to improvements over conventional bracketed windshield wiper blades.  Plaintiff is not barred from relying on the doctrine of equivalents.
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