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· 8/22/1978

Davis v. Berski

Citations

  • 95 Misc. 2d 801
  • 408 N.Y.S.2d 700
  • 1978 N.Y. Misc. LEXIS 2509

How courts have described this case

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

  • declining to adopt a construction that “would not merely render the dependent claims superfluous, but would mean that those claims would have no scope at all”
  • “[A]s we have cautioned, courts ordinarily should not limit ‘the claimed invention to preferred embodiments or specific examples in the specification.’”
  • “[T]he district court was correct in seeking to give meaning to the term ‘fastening stem’ by looking to the meaning of the words ‘fastening’ and ‘stem’ as used in the patent.”
  • “By definition, an independent claim is broader than a claim that depends from it, so if a dependent claim reads on a particular embodiment of the claimed invention, the corresponding independent claim must cover that embodiment as well.”
  • “By definition, an independent claim is broader than a claim that depends from it, so if a dependent claim reads on a particular em- bodiment of the claimed invention, the corresponding inde- pendent claim must cover that embodiment as well.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Gregg

Read full opinion on CourtListener

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.