Hester Industries, Inc. v. Stein, Inc., Defendant-Cross

How courts have described this case

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

• explaining that “unmistakable assertions made to the Patent Office in support of patentability” “can give rise to a surrender for purposes of the recapture rule”
• explaining that “[a] reissue claim that does not include a limitation present in the original patent claims is broader in that respect”
• explaining that surrender of a particular subject matter “can occur by way of arguments or claim changes made during the prosecution of the original patent application” [emphasis in original]
• declining to decide an issue that did not bear on a district court’s summary judgment ruling
• declining to decide an issue that did not bear on a district court’s summary judgment ruling
• finding patentee’s repeated arguments regarding the limitations constituted an admission that the limitations were necessary to overcome the prior art and the reissue claims impermissibly recaptured surrendered subject matter

Source: CourtListener parenthetical corpus (CC0).