Boehringer Ingelheim Vetmedica, Inc., Plaintiff-Cross v. Schering-Plough Corporation and Schering Corporation

How courts have described this case

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

• stating that for any ground of invalidity, a defendant’s burden on a JMOL motion is “doubly high: it must show that no reasonable jury could have failed to conclude that [Defendant’s] case had been established by clear and convincing evidence.”
• relying on similar biological properties to conclude that claimed and accused elements were insubstantially different and, therefore, equivalent
• relying on the Merriam-Webster definition of the term “isolate” to establish the plain meaning over the defendant’s attempt to narrow the definition with specialized medical dictionaries
• construing term more broadly where “the specification supports the broader meaning”
• the claim body states \the virus” which refers back to the \swine infertility and respiratory syndrome virus, ATCC-VR2332” in the preamble
• party attacking validity must show motivation to combine with a reasonable expectation of success, and actual reports of failure are strong evidence negating reasonable expectation of success

Source: CourtListener parenthetical corpus (CC0).