· 8/5/2003
Abbott Laboratories v. Syntron Bioresearch, Inc., Defendant-Cross-Appellant
Citations
- 334 F.3d 1343
- 2003 WL 21544291
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that party had waived issue by failing to raise issue in opening brief
- concluding that the patent provided two alternative definitions for the disputed terms
- explaining that failure to raise an argument in an opening brief results in that argument being waived
- determining that a litigant who “d[oes] not urge a particular claim construction of the disputed language before the district court[] . . . waive[s] the right to do so on appeal”
- finding waiver where the party “stated during trial” that the “claim term is properly defined” (ci- tation modified)
- finding an intent to define a disputed term when the specification introduced the term with the phrase, “[a]s used herein,” but rejecting the definition as lacking reasonable clarity and precision
Source: CourtListener parenthetical corpus (CC0).
Judges: Mayer, Michel, Dyk
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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