needs, failure of others, etc .... may have relevancy” to the determination of obviousness vel non, and citing to a law review article that suggests actual copying may also be probative of obviousness); see also Apple Computer, Inc. v. Articulate Sys., Inc., 234 F.3d 14, 26, 57 USPQ2d 1057, 1066 (Fed.Cir.2000) (describing copying as “objective evidence of non-obviousness”). While copying may be relevant to obviousness, it is of no import on the question of whether the claims of an issued patent are infringed. Indeed, the Supreme Court has specifically rejected the proposition that copying is relevant to infringement as asserted under the doctrine of equivalents. Warner-Jenkinson Co. v. Hilton Davis Chem. Co., 520 U.S. 17, 35-36, 117 S.Ct. 1040, 137 L.Ed.2d 146, 41 USPQ2d 1865, 1874 (<HOLDING>). Infringement is determined by comparing the
holding that the application of the fair use doctrine at the pleading stage is appropriate holding that intent plays no role in the application of the doctrine of equivalents recognizing doctrine holding a district courts application of supplemental jurisdiction is a doctrine of discretion not of plaintiffs right holding that subjective decisionmaking plays an important and legitimate role in employment decisions