Integrated Tech. Corp. v. Rudolph Tech., Inc., No. 12-1593 (Fed. Cir. 2013)
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Probe cards are used to test chips on semiconductor wafers. Probes have tips that make contact with bonding pads on the periphery of each chip, initially pierce the oxide layer atop the conductive layer of the bonding pad, then are moved along the pads to a second position to create a reliable electrical contact, leaving a “scrub mark” on the bonding pad in the process. ITC sued Rudolph for infringement of the patent, which discloses a digital viewing system to assess whether probes have become misaligned relative to each other by predicting the length and location of scrub marks. The system includes a camera under a viewing window that obtains the three-dimensional coordinates of the probe tips in first and second states. The district court entered summary judgment, finding infringement. The Federal Circuit reversed in part and affirmed in part. Prosecution history estoppel precludes the application of the doctrine of equivalents and a willfulness finding predicated on that judgment and a corresponding award of enhanced damages must, therefore, be vacated. The court affirmed the award of damages for literal infringement.
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