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Federal Circuit· 1/3/2012

Marctec, LLC v. Johnson & Johnson

Citations

  • 664 F.3d 907
  • 101 U.S.P.Q. 2d (BNA) 1177
  • 2012 WL 8322
  • 2012 U.S. App. LEXIS 8

How courts have described this case

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

  • finding that the patentee misrepresented both the law of claim construction and the constructions ultimately adopted by the court
  • holding it was litigation misconduct for a plaintiff to “persistí ] in advancing unfounded arguments that unnecessarily extended [the] litigation,” and that plaintiff’s “decision to continue the litigation after claim construction” supported the exceptional case finding
  • finding a claim con- struction position objectively baseless where “no reason- able application of the principles enunciated in Phillips . . . supports its position”
  • affirming the district court’s exceptionality finding where the plaintiff “misrepresented … the constructions ultimately adopted by the court”
  • discussing exclusion of expert testimony that “ignored the court’s claim construction” as “inadmissible under Daubert”
  • discussing exclusion of expert testimony that “ignored the court’s claim construction” as “inadmissible under Daubert”

Source: CourtListener parenthetical corpus (CC0).

Judges: Newman, O'Malley, Prost

Read full opinion on CourtListener

Cited by

29 cases in this archive cite this case; the 20 most cited are listed.

Cites

21 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Marctec, LLC v. Johnson & Johnson

1 other CourtListener record shares this case name.

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.