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· 9/13/2005

Biagro Western Sales, Inc. v. Grow More, Inc.

Citations

  • 423 F.3d 1296
  • 76 U.S.P.Q. 2d (BNA) 1347
  • 2005 U.S. App. LEXIS 19680
  • 2005 WL 2207685

How courts have described this case

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

  • explaining that “prosecution history, ... like the patent itself, has been designated as part of the ‘intrinsic evidence’ ” for claim construction
  • explaining that “prosecution history, ... like the patent itself, has been designated as part of the ‘intrinsic evidence’ ” for claim construction
  • explaining that “prosecution history, ... like the patent itself, has been designated as part of the ‘intrinsic evidence’ ” for claim construction
  • distinguishing Insituform as limited to situations in which the prosecution history clearly demonstrates that \the amendment and alleged equivalent involve different aspects of the invention\
  • rejecting the patentee’s argument that the “some other 05-1157 41 reason” rebuttal argument applied when the patentee allegedly understood the claim language to refer to the equivalent in question
  • “The phrase ‘at least one’ in patent claims typically is construed to mean 21 SANDISK CORP v. KINGSTON TECH ‘one or more.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gajarsa, Plager, Dyk

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.