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· 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 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.