Sink or swim: Precise patent language scuttles infringement lawsuit
Abstract: Generally, using precise and careful language in a patent application is wise. But providing a precise numerical value can work against a patentee when it comes time to bring an infringement claim. This article discusses a recent case in which a boat manufacturer learned this lesson the hard way when it sued a rival for infringement. A short sidebar covers the doctrine of equivalents and whether this doctrine could save the patent. Cobalt Boats, LLC v. Brunswick Corp., No. 18-1376, May 31, 2019, Fed. Cir.