· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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