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LSDefine

Simple English definitions for legal terms

nonliteral infringement

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A quick definition of nonliteral infringement:

Nonliteral infringement is a legal theory used in patent cases to find infringement when the accused product or process is not exactly the same as the patented invention. This doctrine was created to prevent parties from avoiding liability for patent infringement by making small changes to the product or process. To determine if infringement exists, the court must first determine if the accused product or process contains an element identical or equivalent to each claimed element of the patented invention. If it does, it infringes on the patent if the differing element performs substantially the same function in substantially the same way to get the same result as the patented product or process.

A more thorough explanation:

Nonliteral infringement is a legal theory used in patent law to find infringement when the accused product or process falls outside the literal scope of the patent claims. This theory was created to prevent parties from avoiding liability for patent infringement by making trivial changes to the product or process to avoid the literal language of the patent claims.

For example, if a patent claims a device with a specific element, and another company creates a device without that exact element but with an equivalent element that performs the same function in the same way to achieve the same result, it may still be considered infringement under the doctrine of equivalents.

The doctrine of equivalents is not an absolute bar to a patentee who seeks to invoke it to prove infringement on a claim that was voluntarily amended. However, prosecution-history estoppel may limit the scope of the doctrine.

Overall, nonliteral infringement is a way to protect patent holders from infringers who try to make minor changes to avoid liability.

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THATS SO FUNNY
i cant i would go crazy
JumpySubsequentDolphin
20:50
i need to know who decided to do that.
JumpySubsequentDolphin
20:50
omg im on a plane weeeee
the devil
youre on a plane??? LSD made the mile high club??
20:50
yo splitterus are you in school already
20:50
it says ur c/o 2027
JumpySubsequentDolphin
20:51
@SplitterusClitterus: HAHAH yes
ur user is hilarioussss and no i just graduated this may and am now applying ---also im out of messages so ill take a lil
20:52
roger dat. see u in heck
im back, r u applying this cycle too
JumpySubsequentDolphin
21:32
this child fell asleep on me
JumpySubsequentDolphin
21:32
im so uncomfortable
just push him off the entire seat
JumpySubsequentDolphin
21:34
LMAOOOO
JumpySubsequentDolphin
21:35
no he’s literally like 8 and he fully just put his head on my bicep and slept
JumpySubsequentDolphin
21:35
he has since moved
22:12
@SplitterusClitterus: me yesterday
gulc baby pls text me back... i miss you ...... :(
22:23
i just went into a discord vc and yelled "YALL I JUST GOT INTO J.M. SCHOOL OF LAW"
22:24
people were getting excited :sob:
22:25
then someone was like "what does jm stand for" and i was like .. well
AHHAHAHAHAHAHHAHAHAHAHAHAH
@JumpySubsequentDolphin: wait this is so cute, also where r u going
JOE MBIDEN
JumpySubsequentDolphin
22:39
@splitty Oregon!
oh yay for what thats so random
JumpySubsequentDolphin
22:45
haha my brother and sister in law live there
so cutie oregon is beatiful
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