American Hoist & Derrick Company, Cross-Appellee v. Sowa & Sons, Inc., Cross-Appellant

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that imposition of presumption of validity standard is related to presumption that PTO does its job properly
• holding that § 282 codified the common law presumption of validity based on “the basic proposi- tion that a government agency such as the [PTO] was presumed to do its job.” (citing Morgan v. Daniels, 153 U.S. 120, 124 (1894
• observing that, compared to the “but for” standards, and the “but it may have” standard, the “reasonable examiner” standard “appears to be the broadest, thus encompassing the others”
• noting that a PTO examiner is presumed to have considered the documents submitted
• noting in dicta that a jury instruction addressing the effect of PTO reexamination would be proper
• noting § 282 is based on the “basic proposition that a government agency such as the then Patent Office was presumed to do its job”

Source: CourtListener parenthetical corpus (CC0).