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· 8/27/1997

Wright Medical Technology, Inc. And Dow Corning Corp. (Formerly Dow Corning Wright Corp.) v. Osteonics Corporation

Citations

  • 122 F.3d 1440
  • 43 U.S.P.Q. 2d (BNA) 1837
  • 1997 U.S. App. LEXIS 22596
  • 1997 WL 526204

How courts have described this case

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

  • emphasizing that a court “must not interpret an independent claim in a way that is inconsistent with a claim which depends from it”
  • explaining that the Court “must not interpret an independent claim in a way that is inconsistent with a claim which depends from it”
  • disagreeing with construction of term to include every structure “that meets the functional objective of the invention”
  • remanding so the fact-finder could determine whether there was infringement under the doctrine of equivalents, because the patentee had not specifically argued infringement under the doctrine but had introduced relevant evidence and arguments
  • “[W]e must not interpret an independent claim in a way that is inconsistent with a claim which depends from it.”
  • “Literal infringement exists if each of the limitations of the asserted elaim(s) read[s] on, that is, is found in, the accused device.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Newman, Lourie, 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.