1. “Does a finding of infringement under the doctrine of equivalents require anything in addition to proof of the facts that there are the same or substantially the same (a) function, (b) way, and (c) result, the so-called triple identity test of Graver Tank [& Manufacturing Co.] v. Linde Air Products Co., 339 U.S. 605 [70 S.Ct. 854, 94 L.Ed. 1097] (1950), and cases relied on therein? If yes, what?” 2. “Is the issue of infringement under the doctrine of equivalents an equitable remedy to be decided by the court, or is it, like literal infringement, an issue of fact to be submitted to the jury in a jury case?” 3. “Is application of the doctrine of equivalents by the trial court to find infringement of the patentee’s right to exclude, when there is no literal infringement of the claim, discretionary in accordance with the circumstances of the case?”
“With this case, this court explicitly holds that the application of the doctrine of equivalents rests on the substantiality of the differences between the claimed and accused products or processes, assessed according to an objective standard.”
