EMD Millipore Corp. v. AllPure Techs., Inc., No. 14-1140 (Fed. Cir. 2014)Annotate this Case
Millipore owns the 543 patent, which discloses a device for introducing or withdrawing a sample from a container holding a fluid without contaminating the fluid. To avoid contamination, the patent uses individual transfer members to maintain a closed system. Each transfer member has a needle embedded in a plastic holder and a seal surrounding the needle that attaches to the holder. The district entered summary judgment that AllPure does not infringe the asserted claims of the patent, finding that AllPure’s TAKEONE device neither literally contains the claimed “removable, replaceable transfer member,” nor does it provide an infringing equivalent. The Federal Circuit affirmed, holding that the TAKEONE device does not literally infringe and held that prosecution history estoppel prevents Millipore from asserting the doctrine of equivalents as to the claim limitation.