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· 2/9/2007

Dippin' Dots v. Mosey v. Esty, Jr.

Citations

  • 476 F.3d 1337
  • 81 U.S.P.Q. 2d (BNA) 1633
  • 2007 U.S. App. LEXIS 2909
  • 2007 WL 430195

How courts have described this case

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

  • noting that but-for materiality “requires that the patent would not have issued but for the patent examiner’s justifiable reliance on the patentee’s misrepresentation or omission.”
  • concluding there was insufficient evidence of intent following a full trial
  • requiring “higher threshold showings of both materiality and intent than are required to show inequitable conduct.”
  • “[Comprising] ‘is not a weasel word with which to abrogate claim limitations.’ ”
  • “ ‘Comprising’ does not reach into [each claim limitation] to render every word and phrase therein open-ended.... ”
  • “[T]he term ‘comprising’ raises a presumption that the list of elements is nonexclusive.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Mayer, Rader, Gajarsa

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.