· 4/11/2008
PowerOasis, Inc. v. T-MOBILE USA, INC.
Citations
- 522 F.3d 1299
- 86 U.S.P.Q. 2d (BNA) 1385
- 2008 U.S. App. LEXIS 7827
- 2008 WL 1012561
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- ruling that examiner’s finding as to priority date must be “explicit”
- explaining that to satisfy the written description requirement, \the written description [must] actually or inherently disclose the claim element\
- noting that, to satisfy the written description requirement, “a prior application need not contain precisely the same words as are found in the asserted claims”
- noting that written descrip- tion support requires that “the written description actually or inherently disclose the claim element”
- noting that “to satisfy the written description requirement, the missing descrip- tive matter must necessarily be present in the [original] application’s specification” (insertion in original and inter- nal quotations omitted)
- “Compliance with the written description requirement is a question of fact but is amenable to summary judgment in cases where no reason- able fact finder could return a verdict for the non-moving party.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Newman, Schall, and Moore, Circuit Judges
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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