In Olaf Sööt Design, LLC v. Daktronics, Inc., Nos. 2020-1009, 2020-1034 (Fed. Cir. Jan. 7, 2021) (non-precedential) (Prost, Lourie, and Reyna), the Federal Circuit held that claim construction disputes must not be submitted to the jury and reversed the district court’s judgment of infringement. Judge Lourie wrote separately to express additional views, cautioning litigants and courts against rendering the doctrine of equivalents meaningless and being particularly concerned if, as on these facts, there are more than two differences between the claims and the accused device.
