Zenith Laboratories, Inc. v. Bristol-Myers Squibb Company

How courts have described this case

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

• holding that rape and sexual assault are “highly 20 personal” injuries
• noting that “actual reliance by the examiner need not be shown” in claim construction
• all claim elements must be proved to be met, even if the required evidence is scientifically redundant
• “[I]n determining whether a claim in a patent has been infringed, the scientific theories utilized must establish the presence of the limitations recited in the claim.”
• “Prosecution history serves as a limit on the scope of claims by excluding any interpretation of the claim language that would permit the patentee to assert a meaning for the claim that was disclaimed or disavowed during prosecution in order to obtain claim allowance”
• “Prosecution history serves as a limit on the scope of claims by excluding any interpretation of the claim language that would permit the patentee to assert a meaning for the claim that was disclaimed or disavowed during prosecution in order to obtain claim allowance.”

Source: CourtListener parenthetical corpus (CC0).