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LSDefine

Simple English definitions for legal terms

nonliteral infringement

Read a random definition: implied agency

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.

nonliquidating distribution | nonmailable

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ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
[] baddestbunny
4:29
let’s get after it boys and girls
Dkk
5:21
I gtg to bed soon.
Dkk
5:22
Big day today. Gunna be a crazy one. I will sleep through the first half.
good morning lsd it is 5 am EST
also jazzy my ndls address went long ages ago i sadly do not think it means anything
my stanford address also went long LOL i think at most it's an indicator it's under review
WorthlessAttractiveZombie
7:44
My berkeley paragraph finally disappeared. I definitely think it is just an indicator that they are actively reviewing files, and does not mean anything about A, WL, or Rs
WorthlessAttractiveZombie
7:46
Also has anyone's date disappeared for W&L? Mine did last night
7:55
@WorthlessAttractiveZombie: mine did yesterday morning
7:56
Oops sorry I meant Vilanova. Mine disappeared last week
soapy
8:48
UMN under review! As predicted, decisions are gonna come out early December
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