Siemens accused General Electric and GE Renewables North America of infringing a pair of patents relating to wind turbines, and the case is currently at trial. After eleven days of trial in which Siemens put forward its side of the case, General Electric moved for judgment as a matter of law (“JMOL”), saying that Siemans had not presented substantial evidence of infringement. GE asserts that Siemans’ expert failed to show that the accused Haliade-X turbine literally satisfies all of the claim limitations and presented only conclusory testimony regarding the doctrine of equivalents. GE also says that the expert’s testimony conflicted with testimony of Siemans’ lay witnesses, and that in any event the expert’s testimony should be stricken because he was not qualified as an expert in the field.
Judge Young issued a brief order granting GE JMOL with respect to the doctrine of equivalents for one of the asserted claims, but otherwise denied the motion. While his reasoning is not specified, GE’s argument on the claim was that it had been narrowed during prosecution and that prosecution history should preclude a finding of infringement by equivalents.
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