Skip to main content
· 7/9/2013

Smith & Nephew, Inc. v. Rea

Citations

  • 721 F.3d 1371
  • 107 U.S.P.Q. 2d (BNA) 1433
  • 2013 WL 3388454
  • 2013 U.S. App. LEXIS 13780

How courts have described this case

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

  • holding that reversal is appropriate where “the facts are largely undis- puted, and the Board’s decision . . . was mainly the result of the analytical errors”
  • emphasizing that the board is obliged to “read[ ] the prior art for all that it teaches”
  • emphasizing that the board is obliged to “read[] the prior art for all that it teaches”
  • reversing the board's non-obviousness determination because it \was mainly the result of ... analytical errors\ and \the facts [were] largely undisputed\
  • “[A]n unclaimed and undisclosed feature such as the ‘specialized screw’ cannot be the basis for finding Synthes's patent to be non-obvious over the prior art.”
  • “Expert opinions that are contrary to admissions in the specification do not create a factual issue.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Dyk, Bryson, Wallach

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.