NexSteps filed a petition for writ of certiorari with the U.S. Supreme Court, contesting lower court decisions that overturned a jury's finding of infringement based on the doctrine of equivalents (DOE). The jury had initially ruled that Comcast infringed NexSteps' patent, but the district court overturned this, stating that the expert did not provide sufficient testimony to support the finding. The Federal Circuit affirmed this decision, though dissenting opinions argued it imposed undue requirements contrary to established precedents supporting a flexible approach to the DOE.
[T]he expert [told] the jury what button presses were equivalent: He 'identified the distinct 'series of button presses' at issue. He just did not do so in the formulaic fashion required by the majority as a matter of law.' - NexSteps Petition
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