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· 9/12/1994

Electro Medical Systems, S.A. v. Cooper Life Sciences, Inc., Dentsply International Inc., and Dentsply Research & Development Corp.

Citations

  • 34 F.3d 1048
  • 32 U.S.P.Q. 2d (BNA) 1017
  • 1994 U.S. App. LEXIS 24657
  • 1994 WL 487907

How courts have described this case

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

  • anticipation under § 102 “requires the presence in a single prior art disclosure of each and every element of a claimed invention.”
  • “Particular embodiments appearing in a specification will not be read into the claims when the claim language is broader than such embodiments.”
  • ‘“[t]he mere fact that a certain thing may result from a given set of circumstances is insufficient to prove anticipation.’ ”
  • no willfulness, even though infringer claimed attorney-client privilege through litigation when totality of evidence militated against such a finding
  • that infringement and invalidity were close questions was factor weighing against willfulness finding
  • “[A]lthough the specifications may well indicate that certain embodiments are preferred, particular embodiments appearing in a specification will not be read into the claims when the claim language is broader than such embodiments.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Mayer, Lourie, Rader

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.