· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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