· 4/8/1997
Gambro Lundia Ab v. Baxter Healthcare Corporation Defendant/cross-Appellant
Citations
- 110 F.3d 1573
- 42 U.S.P.Q. 2d (BNA) 1378
- 1997 U.S. App. LEXIS 6589
- 1997 WL 164301
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- acknowledging that the accused infringer’s “recognition of the importance of this advance is relevant to a determination of nonobviousness.”
- “To show derivation, the party asserting invalidity must prove both prior conception of the invention by another and communication of that conception to the patentee.”
- “To show derivation, the party asserting invalidity must prove both prior conception of the invention by another and communication of that conception to the patentee.”
- “The prominence of the patented technology in . . . advertising creates an inference that links the . . . invention to this success.”
- “A reference which merely replicates references already before the examiner, however, is not material.”
- “absence of such a suggestion to combine is dispositive in an obviousness determination”
Source: CourtListener parenthetical corpus (CC0).
Judges: Archer, Lourie, Rader
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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