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