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· 12/24/2014

Fleming v. Escort Inc.

Citations

  • 774 F.3d 1371
  • 113 U.S.P.Q. 2d (BNA) 1426
  • 2014 WL 7332614
  • 2014 U.S. App. LEXIS 24419

How courts have described this case

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

  • explaining that the corroboration requirement “is a flexible, rule-of-reason de- mand for independent evidence that, as a whole, makes credible the testimony of the purported prior inventor”
  • stating that error includes “deficient understandings” and choices that rest on “cognizable false or deficient under- standing of fact or law” but not simply a “now-regretted choice”
  • explaining that the corroboration requirement “is a flexible, rule-of-reason de- mand for independent evidence that, as a whole, makes credible the testimony of the purported prior inventor”
  • finding sufficient corroboration although \none of the corroborating evidence constitute[d] definitive proof of [the inventor's] account or disclose[d] each claim limitation as written\ because \the corroboration requirement has never been so demanding\
  • “[N]one of the corroborating evidence . . . discloses each claim limitations as written. But the corroboration requirement has never been so demanding.”
  • “Errors are not limited to slips of the pen but encompass—and most often are—deliberate drafting choices. Not all choices qualify . . . .” (citation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Taranto, Bryson, Hughes

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.