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· 6/17/2005

Upsher-Smith Laboratories, Inc. v. Pamlab, L.L.C.

Citations

  • 412 F.3d 1319
  • 75 U.S.P.Q. 2d (BNA) 1213
  • 2005 U.S. App. LEXIS 11527
  • 2005 WL 1412976

How courts have described this case

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

  • holding that a product “which would literally infringe if later in time anticipates if earlier”
  • “[A] prior art composition that ‘op- tionally includes’ an ingredient anticipates a claim for the same composition that expressly excludes that ingredi- ent.”
  • “A century-old axiom of patent law holds that a product ‘which would literally infringe if later in time anticipates if earlier.’” (quoting Schering Corp. v. Geneva Pharms., Inc., 339 F.3d 1373, 1379 (Fed. Cir. 2003))

Source: CourtListener parenthetical corpus (CC0).

Judges: Michel, Rader, Schall

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.