"This is '737 in action. Inserting and removing cards is not what the patent is about. Samsung settled."

RE: e.Digital response to apples 12C issues

e.Digital contends and qualifies on that matter:

RE: doc 41 page 4

b. Infringement Under The Doctrine Of Equivalents
“Infringement under the doctrine of equivalents may be found when the accused device contains an ‘insubstantial’ change from the claimed invention.
Whether equivalency exists may be determined based on the ‘insubstantial differences’ test or based on the ‘triple identity’ test.”

TIP Sys., LLC v. Phillips &Brooks/Gladwin, Inc. , 529 F.3d 1364, 1376-77 (Fed. Cir. 2008) (citations omitted).“An element in the accused product is equivalent to a claim limitation if the differences between the two are ‘insubstantial’ to one of ordinary skill in the art.”

Wavetronix LLC v. EIS Elec. Integrated Sys. , 573 F.3d 1343, 1360 (Fed. Cir.2009), quoting Eagle Comtronics, Inc. v. Arrow Commc’n Labs., Inc. , 305 F.3d1303, 1315 (Fed. Cir. 2002). Under the “triple identity” test, a complainant must prove “on a limitation-by-limitation basis that the accused product performs substantially the same function in substantially the same way with substantially the same result as each claim limitation of the patented product.”
Id.

doni