Judge Andrews grants motion for judgment as a matter of law on non-infringement

In EMC Corporation, et al. v. Pure Storage, Inc., C.A. No. 13-1985-RGA (D. Del. Mar. 15, 2016), Judge Richard G. Andrews granted Defendant’s motion for judgment as a matter of law that the accused products did not infringe one claim of the asserted patent under the doctrine of equivalents. Plaintiffs pointed to their expert’s testimony as a sufficient basis for the infringement claim, but the Court found this testimony “conclusory” and “fail[ing] to provide the particularized testimony and linking argument required by the Federal Circuit.” Id. at 1 (quotations omitted). Further, Plaintiffs had not “present[ed] any evidence from which the jury could find equivalence on the basis of insubstantial differences or known interchangeability.” Id. at 1-2.

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