· 4/9/2012
Aventis Pharma S.A. v. Hospira, Inc.
Citations
- 675 F.3d 1324
- 102 U.S.P.Q. 2d (BNA) 1445
- 2012 U.S. App. LEXIS 7095
- 2012 WL 1155716
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 patentee must clearly express an intent to redefine a term’s plain and ordinary meaning
- finding that the district court did not abuse its discretion in allowing a party to amend its pleadings in part because the non-moving party was not unduly prejudiced by the amendment
- affirming district court finding that evidence of a duty-bound employee’s knowledge and engagement with a reference and evidence that the reference was highly material satisfied the Therasense, Inc. v. Becton, Dickinson & Co., 649 F.3d 1276 (Fed. Cir. 2011) intent standard
- when a claim is invalidated based on a “deliberately withheld reference, then that reference is necessarily material for [the] purposes of the inequitable conduct inquiry.”
- “To prevail on an inequitable conduct defense, a defendant must establish both the materiality of the withheld reference and the applicant's intent to deceive the PTO.”
- “This clear expression need not be in haec verba but may be inferred from clear limiting descriptions of the invention in the specification or prosecution history.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Dyk, Linn, Prost
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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