· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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