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Doctrine of Equivalents, Claim
Construction and Estoppel
Dongfang Machine Core Factory v. Jinling
Hardware Ltd. Co.
– One of the “Top 100 IP cases” in China, named by
the Supreme Court
– Chinese invention patent, 92102458.4, directed
to apparatus and methods for cutting metal plates
for making music boxes
©2009 Foley & Lardner LLP
Doctrine of Equivalents, Claim
Construction and Estoppel
– The specification: an advantage of the invention is
that component 7 is attached to a thick fastening
component 5 so that it does not vibrate even
slightly while being cut by the rotating blade 2
– In the alleged infringing device, component 7
hangs in the air, and there is no fastening
component 5
©2009 Foley & Lardner LLP
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