By Kevin E. Noonan — The Federal Circuit again reviewed a determination of infringement under the doctrine of equivalents, in this instance by the International Trade Commission (ITC), again finding that one of the Supreme Court’s exceptions to the preclusive effects of prosecution history estoppel (the “tangential relationship” test) applied, and affirmed the ITC’s finding of infringement under the doctrine. Ajinomoto petitioned the International Trade Commission (ITC) under Section 337 (19 U.S.C. § 1337) for an exclusion order against CJ Cheiljedang for importing animal feed-grade L-tryptophan amino acid products produced by several different strains of Escherichia coli and that infringed…
View the original article here: Ajinomoto Co. v. International Trade Commission (Fed. Cir. 2019)
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