· 6/20/2005
Checkpoint Systems, Inc. v. All-Tag Security s.a.
Citations
- 412 F.3d 1331
- 75 U.S.P.Q. 2d (BNA) 1200
- 2005 U.S. App. LEXIS 11752
- 2005 WL 1421801
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the original PTO declarations create a genuine issue of material fact
- rejecting argument that non-party assignor should be barred from submitting testimony regarding failure to name inventors under doctrine of assignor estoppel
- “The law has long looked with disfavor upon invalidating patents on the basis of mere testimonial evidence absent other evidence that corroborates that testimony.”
- “The doctrine of assignor estoppel prevents a party that assigns a patent to another from later challenging the validity of the assigned patent.”
- “If nonjoinder of an actual inventor is proved by clear and convincing evidence, a patent is rendered invalid.”
- nonjoinder of inventor must be “ ‘proved by clear and convincing evidence’ ”
Source: CourtListener parenthetical corpus (CC0).
Judges: Michel, Schall, Dyk
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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