· 5/8/2002
Catalina Marketing International, Inc. v. coolsavings.com, Inc.
Citations
- 289 F.3d 801
- 62 U.S.P.Q. 2d (BNA) 1781
- 2002 U.S. App. LEXIS 8863
- 2002 WL 921864
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that “a preamble generally is not limiting when the claim body describes a structurally complete invention such that deletion of the preamble phrase does not affect the structure or steps of the claimed invention.”’
- reversing finding of prosecution history estoppel where “the applicants did not amend this language regarding the location of the terminals”
- “‘such as’ introduces an example of a broader genus rather than limiting the genus to the exemplary species.”
- “[Dependence on a particular disputed preamble phrase for antecedent basis may limit claim scope because it indicates a reliance on both the preamble and claim body to define the claimed invention.”
- “In general, a 22 preamble limits the invention if it recites essential structure or steps, or if it is “necessary to give 23 life, meaning, and vitality” to the claim.”
- “dependence on a particular disputed preamble phrase for antecedent basis may limit claim scope because it indicates a reliance on both the preamble and claim body to define the claimed invention”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mayer, Rader, Prost
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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