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· 4/11/2005

Rhodia Chimie & Rhodia, Inc. v. PPG Industries Inc.

Citations

  • 402 F.3d 1371
  • 74 U.S.P.Q. 2d (BNA) 1321
  • 61 Fed. R. Serv. 3d 724
  • 2005 U.S. App. LEXIS 5869
  • 2005 WL 820489

How courts have described this case

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

  • holding that the prosecution history’s purpose “is to exclude any interpretation that was disclaimed during prosecution” in order to prevent a term from being construed one way in the application and a different way against an accused infringer
  • narrowing amendment to address issues raised during prosecution was not tangential to an equivalent having that characteristic
  • construing claim to require unrecited feature where applicant told examiner that such feature “must be used” (emphasis added)
  • narrowing amendment to address issues raised during prosecution was not tangential to an equivalent having that characteristic
  • construing second term after vacating summary judgment of noninfringement under first term, where “the construction of this second disputed term was not dis-positive to the district court’s decision, but may be relevant on remand”
  • \The purpose of consulting the prosecution history in construing a claim is to 'exclude any interpretation that was disclaimed during prosecution.'\

Source: CourtListener parenthetical corpus (CC0).

Judges: Newman, Clevenger, Gajarsa

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.