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· 5/14/2001

Biotec Biologische Naturverpackungen Gmbh & Co. Kg, Plaintiff-Cross v. Biocorp, Inc. And Novamont, S.P.A.

Citations

  • 249 F.3d 1341
  • 58 U.S.P.Q. 2d (BNA) 1737
  • 2001 U.S. App. LEXIS 9218

How courts have described this case

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

  • finding that “[flailure to obtain an opinion of counsel is relevant evidence, but does not automatically require a finding of willful infringement”
  • holding district court did not err when it declined to construe a term when the meaning of that term did not depart from its ordinary meaning or otherwise require construction
  • holding district court did not err when it 26 declined to construe “melting” because term was used in patent in its ordinary meaning and did not 27 otherwise require construction
  • finding that expert opinion citing to “lengthy” technical documents but not explaining how they supported his opinion was conclusory and failed to raise genuine issue of material fact that could warrant denial of summary judgment
  • declining to limit claims by erroneous statement made during prosecution that was contrary to the plain language of the claims, the specification, and other state- ments made during prosecution
  • upholding summary judgment finding of non-invalidity where the moving party “presented deposition testimony of the defendants’ primary witness wherein they admitted knowing no facts that implied the invalidity of the patents”

Source: CourtListener parenthetical corpus (CC0).

Judges: Mayer, Newman, Schall

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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.