· 5/13/1993
Advanced Cardiovascular Systems, Inc., Plaintiff/cross-Complaint v. Scimed Life Systems, Inc., and Robert L. Hess, Cross-Complainant/appellant
Citations
- 988 F.2d 1157
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “[t]he strictures of Rule 12(b)(6) ... are not readily applicable to a determination of laches”
- holding that constructive notice does not apply to claims for correction of inventorship in the context of determining delay for laches
- holding the laches period begins when the plaintiff “would reasonably be expected to inquire about the subject matter” of the claim at issue
- holding, in the context of laches, that constructive notice does not apply to claims for correction of inventorship
- vacating a dismissal pursuant to Fed.R.Civ.P. 12(b)(6) where the trial court had considered materials outside the pleadings, because in those circumstances “the rules governing summary judgment must apply”
- “This knew-or-should-have-known criterion is appropriate to actions to correct inventorship. It is in harmony with the patent statute .... ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Friedman, Michel
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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