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· 2/9/2009

Ball Aerosol & Specialty Container, Inc. v. Limited Brands, Inc.

Citations

  • 555 F.3d 984
  • 89 U.S.P.Q. 2d (BNA) 1870
  • 2009 U.S. App. LEXIS 2257
  • 2009 WL 291184

How courts have described this case

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

  • concluding that case law for reasonable capability was inapposite where the claim required a particular configuration and recited “protrusions resting upon the closed end of the cover,” meaning that the protrusions must be resting upon the cover
  • holding summary judgment of nonin- fringement to be appropriate where infringement required a particular product configuration but where there was no evidence that the infringing configuration had ever ex- isted
  • “the analysis that ‘should be made explicit’ refers not to the teachings in the prior art of a motivation to combine, but to the court’s analysis.”
  • con- eluding that “minimal indications of commercial success ... do not outweigh the clear indication of obviousness apparent from the prior art”
  • common sense to combine features that would increase the distance be- tween candle holder and table where there existed a concern with scorching the supporting surface

Source: CourtListener parenthetical corpus (CC0).

Judges: Lourie, Clevenger, Linn

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.