Sage Products, Inc. v. Devon Industries, Inc., Defendant/cross-Appellant

How courts have described this case

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

• finding that “[w]ith few notable exceptions . . . appellate courts do not consider a party’s new theories, lodged first on appeal”
• declining to consider new infringement argument that was not first presented to the trial court
• affirming grant of summary judgment and finding “in” not equivalent to “on top of”
• affirming grant of summary judgment of no infringement under the doctrine of equivalents because patent claimed a slot at the top of the container, and accused product placed slot inside the container
• declining to consider new arguments raised for the first time on ap- peal
• “In short, this court does not ‘review’ that which was not presented to the district court.”

Source: CourtListener parenthetical corpus (CC0).