Intellectual Property News and Reports

The Charles Machine Works, Inc. (CMW) appeals from the district court’s grant of summary judgment that Vermeer Manufacturing Company’s (Vermeer) accused commercial products and non-commercial prototypes do not infringe, literally or under the doctrine of equivalents. CMW also challenges whether the prototypes were properly within the scope of summary judgment. We hold that CMW did not have sufficient notice that the prototypes were within the scope of the summary judgment decision, and thus vacate-in-part and remand. Regarding the accused commercial products, we affirm that there is no literal infringement, and reverse that there is no infringement under the doctrine of equivalents and remand.

Download Charles Mach. Works, Inc. v. Vermeer Mfg. Co.