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