Challenge

Industry giant Millipore Corporation brought suit against our client, AllPure Technologies, alleging that AllPure’s TAKEone® aseptic sampling system infringed Millipore’s patent claims. At the time of the complaint, AllPure was a small start-up company with a new sampling device.

Solution

The L&A litigation team acted quickly to assess AllPure’s defenses and prepare a powerful motion for summary judgment of no infringement. L&A argued that AllPure’s TAKEone® device did not infringe the Millipore patent for several reasons, including the fact that it lacks a “removable, replaceable transfer member,” as required by the claims.

Result

The district court agreed with L&A’s argument and granted AllPure’s motion for summary judgment of non-infringement. The decision was affirmed by the Court of Appeals for the Federal Circuit, which issued a precedential opinion that AllPure’s TAKEone® sampling system did not literally infringe the patent and that Millipore was barred from accusing AllPure of infringement under the doctrine of equivalents. Click here to read the Federal Circuit opinion.