American Medical Systems, Inc., Plaintiff/cross-Appellant v. Medical Engineering Corporation

How courts have described this case

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

• stating that a finding of willfulness requires the faet-finder to find that clear and convincing evidence shows “ ‘that the infringer acted in disregard of the patent.. .[and] had no reasonable basis for believing it had a right to do the acts’ ”
• requiring a patentee to mark “to the extent that there is a tangible item to mark by which notice of the asserted method claims can be given”
• \The law is clear that the notice provisions of section 287 do not apply where the patent is directed to a process or method\
• notice to the alleged infringer by its own counsel \is clearly not what was intended by the marking statute\
• “Absent notice, the [infringer’s] ‘knowledge of the patents’ is irrelevant.”

Source: CourtListener parenthetical corpus (CC0).