JUDGMENT
In a patent revocation and infringement case between Facebook and Voxer IP, Lord Justice Birss answered the question of whether reliance on the doctrine of equivalents ought to be pleaded. The question arose at a pre-trial review.
At paragraph 8 of the judgment the judge held that:
“a patentee (whether in the Patents Court, IPEC or the STS) who wishes to rely on the doctrine of equivalents as part of its case of infringement must say so in the Particulars of Infringement.”.