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A. 1. a.(1)(a) i) a) I A 1 a (1)(a) i) a)@@BQck QuoteSingle spaced indented quote - Circv C   (  Cd  ( ( ( 5 EllipsisParagraph Ellipsis<;X` hp x (#%'0*,.8135@8:  As we have noted, supra, at 17, with regard to the objective nature of the doctrine, a skilled practitioner's knowledge of the interchangeability between claimed and accused elements is not relevant for its own sake, but rather for what it tells the factfinder about the similarities or differences between those elements. Much as the perspective of the hypothetical reasonable person gives content to concepts such as negligent behavior, the perspective of a skilled practitioner provides content to, and limits on, the concept of equivalence. Insofar as the question under the doctrine of equivalents is whether an accused element is equivalent to a claimed element, the proper time for evaluating equivalency"and thus knowledge of interchangeability between elements" is at the time of infringement, not at the time the patent was issued. And rejecting the milder version of petitioner's argument necessarily rejects the more severe proposition that equivalents must not only be known, but must also be actually disclosed in the patent in order for such equivalents to infringe upon the patent.  9H1 d"  Ԍd7IV؃  J  2  The various opinions below, respondents, and amici devote considerable attention to whether application of the doctrine of equivalents is a task for the judge or for the jury. However, despite petitioner's argument below that the doctrine should be applied by the judge, in this Court petitioner makes only passing reference to this issue. See Brief for Petitioner 22, n. 15 ( If this Court  J were to hold in Markman v. Westview Instruments, Inc., No. 95!26 (argued Jan. 8, 1996), that judges rather than juries are to construe patent claims, so as to provide a uniform definition of the scope of the legally protected monopoly, it would seem at crosspurposes to say that juries may nonetheless expand the claims by resort to a broad notion of `equivalents'  ! ); Reply Brief for Petitioner 20 (whether judge or jury should apply the doctrine of equivalents depends on how the Court views the nature of the inquiry under the doctrine of equivalents).  Petitioner's comments go more to the alleged inconsistency between the doctrine of equivalents and the claiming requirement than to the role of the jury in applying the doctrine as properly understood. Because resolution of whether, or how much of, the application of the doctrine of equivalents can be resolved by the court is not necessary for us to answer the question presented, we decline to take it up. The Federal Circuit held that it was for the jury to decide whether the accused process was equivalent to the claimed process. There was ample support in our prior cases for that  J holding. See, e.g., Machine Co. v. Murphy, 97 U.S., at 125 ( in determining the question of infringement, the court or jury, as the case may be, ... are to look at the machines or their several devices or elements in the light of what they do, or what office or function they perform, and how they perform it, and to find that one thing is substantially the same as another, if it performs substantially the same function in substantially the"    J same way to obtain the same result); Winans v.  J Denmead, 15 How., at 344 ( [It] is a question for the jury whether the accused device was the same in kind, and effected by the employment of [the patentee's] mode  J` of operation in substance). Nothing in our recent Mark J8 man decision necessitates a different result than that  J reached by the Federal Circuit. Indeed, Markman cites with considerable favor, when discussing the role of  J judge and jury, the seminal Winans decision. Markman  J v. Westview Instruments, Inc., 517 U.S. ___ (1996) (slip op., at 14). Whether, if the issue were squarely presented to us, we would reach a different conclusion than did the Federal Circuit is not a question we need decide  J today."  uB` ԍ FTN    XgEpXFr  ddf < With regard to the concern over unreviewability due to blackbox jury verdicts, we offer only guidance, not a specific mandate. Where the evidence is such that no reasonable jury could determine two elements to be equivalent, district courts are obliged to grant partial or complete summary judgment. See Fed. Rule Civ. Proc. 56;  uB Celotex Corp. v. Catrett, 477 U.S. 317, 322!323 (1986). If there has been a reluctance to do so by some courts due to unfamiliarity with the subject matter, we are confident that the Federal Circuit can remedy the problem. Of course, the various legal limitations on the application of the doctrine of equivalents are to be determined by the court, either on a pretrial motion for partial summary judgment or on a motion for judgment as a matter of law at the close of the evidence and after the jury verdict. Fed. Rule Civ. Proc. 56; Fed. Rule Civ. Proc. 50. Thus, under the particular facts of a case, if prosecution history estoppel would apply or if a theory of equivalence would entirely vitiate a particular claim element, partial or complete judgment should be rendered by the court, as there would  uB be no further material issue for the jury to resolve. Finally, in cases that reach the jury, a special verdict and/or interrogatories on each claim element could be very useful in facilitating review, uniformity, and possibly postverdict judgments as a matter of law. See Fed. Rule Civ. Proc. 49; Fed. Rule Civ. Proc. 50. We leave it to the Federal Circuit how best to implement procedural improvements to promote certainty, consistency, and reviewability to this area of  uB the law. " o"  Ԍ 9H1 dЙd8V؃  2  All that remains is to address the debate regarding the linguistic framework under which equivalence is determined. Both the parties and the Federal Circuit spend considerable time arguing whether the socalled  Jj  triple identity test"focusing on the function served by  JB a particular claim element, the way that element serves  J that function, and the result thus obtained by that element"is a suitable method for determining equivalence, or whether an insubstantial differences approach is better. There seems to be substantial agreement that, while the triple identity test may be suitable for analyzing mechanical devices, it often provides a poor framework for analyzing other products or processes. On the other hand, the insubstantial differences test offers little additional guidance as to what might render any given difference insubstantial.  In our view, the particular linguistic framework used is less important than whether the test is probative of the essential inquiry: Does the accused product or process contain elements identical or equivalent to each claimed element of the patented invention? Different linguistic frameworks may be more suitable to different cases, depending on their particular facts. A focus on individual elements and a special vigilance against allowing the concept of equivalence to eliminate completely any such elements should reduce considerably the imprecision of whatever language is used. An analysis of the role played by each element in the context of the specific patent claim will thus inform the inquiry as to whether a substitute element matches the function, way, and result of the claimed element, or whether the substitute element plays a role substantially different from the claimed element. With these limiting principles as a backdrop, we see no purpose in going further and micromanaging the Federal Circuit's particular wordchoice for analyzing equivalence. We expect that"   the Federal Circuit will refine the formulation of the test for equivalence in the orderly course of casebycase determinations, and we leave such refinement to that court's sound judgment in this area of its special expertise.  9H1 d d7VI؃  t2  Today we adhere to the doctrine of equivalents. The determination of equivalence should be applied as an objective inquiry on an elementbyelement basis. Prosecution history estoppel continues to be available as a defense to infringement, but if the patentholder demonstrates that an amendment required during prosecution had a purpose unrelated to patentability, a court must consider that purpose in order to decide whether an estoppel is precluded. Where the patentholder is unable to establish such a purpose, a court should presume that the purpose behind the required amendment is such that prosecution history estoppel would apply. Because the Court of Appeals for the Federal Circuit did not consider all of the requirements as described by us today, particularly as related to prosecution history estoppel and the preservation of some meaning for each element in a claim, we reverse and remand for further proceedings consistent with this opinion.  J ` BIt is so ordered.