· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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