Jerome H. Lemelson v. The United States, the Bendix Corporation and Brown & Sharpe Manufacturing Company, Third-Party

How courts have described this case

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

• “The plaintiff bears the burden of showing that each and every claimed element of the patent, or its equivalent, is present in the accused device.”
• “[E]ach element of a claim is material and essential, and ... in order for a court to find infringement, the plaintiff must show the presence of every element or its substantial equivalent in the accused device.”
• “Although this court has noted that a section 1498 action and a title 35 action are only parallel and not identical, the principles of claim construction and reading claims on accused devices and methods are the same for either type of action.”

Source: CourtListener parenthetical corpus (CC0).