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· 12/5/2003

Novo Industries, L.P., Plaintiff-Cross v. Micro Molds Corporation, and Oscar Helver

Citations

  • 350 F.3d 1348
  • 69 U.S.P.Q. 2d (BNA) 1128
  • 2003 U.S. App. LEXIS 24458

How courts have described this case

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

  • holding that a district court may not correct an error unless “the correction is not subject to reasonable debate”
  • holding that a district court may correct an error in a patent “only if (1) the correction is not subject to reasonable debate based on consideration of the claim language and the specification and (2
  • noting that district courts have the authority to correct patents by construction despite the fact that Congress gave the PTO the power to correct patents
  • explaining that the correction must not be “subject to reasonable debate based on consideration of the claim language and the specification”
  • noting that Section 255 “deal[s] only with the authority of the PTO to make prospectively effective corrections, and the PTO was given no authority to correct the claims retroactively”
  • instructing courts may only correct minor errors that 12 are (1) obvious and (2) not contradicted by prosecution history

Source: CourtListener parenthetical corpus (CC0).

Judges: Clevenger, Gajarsa, Dyk

Read full opinion on CourtListener

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.