Ken Albridge was quoted in Law360's article, "Ensnarement 101: Anatomy Of An Uncommon Patent Defense" on October 24, 2017.
"The ensnarement defense is a useful tool for accused infringers," said Kenneth Albridge of Michael Best & Friedrich LLP. "It puts the burden on the patentee to demonstrate patentability over the prior art. It can be a really effective defense."
Alleging infringement under the doctrine of equivalents in general can be a tall order for patent owners, as courts have imposed several limitations on its use, including the ensnarement defense.
"It can be a difficult theory to pursue. Courts are kind of reluctant to give breadth to claims that is not literally encompassed by them," Albridge said.
To read the entire Law360 article, click here.