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The Doctrine of Equivalents Takes Center Stage in Demaray Campaign

February 24, 2024

A Western District of Texas jury returned a noninfringement verdict for Samsung and against Demaray LLC in a case that involved a $4B damages ask. A suit between Demaray and Intel in the same district ended in a dismissal with prejudice (as to Demaray’s claims of infringement) just before a trial scheduled for this past August, while trial in a Northern District of California action against Applied Materials is scheduled for this December. The jury in the Samsung case was asked to determine whether Demaray had proven infringement either literally or under the doctrine of equivalents, answering no to both, but based on the notes that the jury sent out during deliberations, the answer to the second question, involving the doctrine of equivalents, appears to have been a close one.


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