ASHLEY BANCROFT v. STATE OF FLORIDA

How courts have described this case

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

• holding that the burden is on the patentee to demonstrate that the alleged equivalent was unforeseeable
• holding that the burden is on the patentee to demonstrate that the alleged equivalent was unforeseeable
• “Contrary to Amgen’s argument, whether the patentee, the examiner, or a person of skill in the art may have thought the claims encompassed EPO with 165 amino acids does not excuse the patentee’s failure to claim the equivalent.”
• “[C]laim construction must begin with the 6 words of the claims themselves.”
• “Contrary to Amgen’s argument, whether the patentee, the examiner, or a person of skill in the art may have thought the claims encompassed EPO with 165 amino acids does not excuse the patentee’s failure to claim the equivalent.”
• “claim construction must begin with the words of the claims themselves.”

Source: CourtListener parenthetical corpus (CC0).