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