· 12/26/1991
Continental Can Company Usa, Inc. And Continental Pet Technologies, Inc. v. Monsanto Company, Hoover Universal, Inc. And Johnson Controls, Inc.
Citations
- 948 F.2d 1264
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- vacating summary Case: 22-1905 Document: 57 Page: 31 Filed: 04/12/2024 LUV N' CARE, LTD. v. LAURAIN 31 judgment of obviousness because disputed fact issues ex- isted regarding secondary considerations
- vacating summary Case: 22-1905 Document: 57 Page: 31 Filed: 04/12/2024 LUV N' CARE, LTD. v. LAURAIN 31 judgment of obviousness because disputed fact issues ex- isted regarding secondary considerations
- descriptive matter may be inherently present in a specification if one skilled in the art would necessarily recognize such a disclosure
- “The significance of a new structure is often better measured in the market-place than in the courtroom.”
- “Summary judgment is as available in patent cases as in other areas of litigation.”
- “To serve as an anticipation when the reference is silent about the asserted inherent characteristic, such gap in the reference may be filled with recourse to extrinsic evidence.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Archer, Rader
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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