The name of the game is in the claim Judge Giles S. Rich. Well, if you want to avoid patent infringement you have to avoid two things. First, the claim language. If a patent states. We claim... XYZ "comprising": A, B and C elements. You will infringe A, B and C, even if you include a D element, and if you do not use a B element you will be infringing on A and C. You have to compare the claims to your technology, claim by claim. Second, the doctrine of equivalents. This is when the equivalent element performs substantially the same function in substantially the same way and produces substantially the same result. The function-way-result test. If the claim states "comprising," and if the function (purpose) is to open a box using element tool A, and if your technology uses element B, but causes the box to open (the result) in a similar way. Then you are infringing under the doctrine of equivalents. This is avery complicated matter and I suggest you seek legal advice from a licensed patent attorney.
Answered on Feb 07th, 2012 at 7:11 AM