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No. 92-1049
52 F.3d 967 (1995) | Cited 3568 times
... ARCHER, Chief Judge. Herbert Markman and Positek, Inc. (collectively referred to as Markman) appeal from the judgment of the United States District Court for the Eastern District of Pennsylvania, Civil Action No. 91-0940 (entered Oct. 1, 1991), that Westview Instruments, Inc. and Althon ...
04-1097
381 F.3d 1111 (2004) | Cited 1321 times
... Plaintiff-Appellant Innova/Pure Water, Inc. ("Innova") appeals the decision of the United States District Court for the Middle District of Florida granting summary judgment of noninfringement in favor of Defendant-Appellee Safari Water Filtration Systems, Inc. ("Safari") and denying Innova's ...
98-1007
48 U.S.P.Q.2d 1117 (1998) | Cited 1224 times
... Appealed from: United States District Court for the Eastern District of Michigan Judge Paul v. Gadola 98-1007 RENISHAW PLC, Plaintiff-Appellant, v. MARPOSS SOCIETA' PER AZIONI and MARPOSS CORPORATION, Defendants-Appellees. This appeal requires us to determine whether the district court made ...
Nos. 96-1286, 96-1287.
138 F.3d 1448 (1998) | Cited 1121 times
... Opinion for the court filed by Senior Circuit Judge ARCHER, in which Circuit Judges RICH, MICHEL, PLAGER, LOURIE, CLEVENGER, SCHALL, BRYSON, and GAJARSA join; Circuit Judge RADER joins as to part IV. Concurring opinions filed by Circuit Judges PLAGER and BRYSON. Opinions concurring in the judgment ...
No. 01-1372
299 F.3d 1313 (2002) | Cited 949 times
... Ficosa North America Corporation, Fico Cables, S.A., and Ficosa North America S.A. de C.V. ("Ficosa") appeal the final judgment of the U.S. District Court for the Eastern District of Michigan entered in favor of Teleflex, Inc. ("Teleflex"). The district court entered judgment following a jury ...
03-1082, -1165
358 F.3d 898 (2004) | Cited 939 times
... Appellants Liebel-Flarsheim Company and Mallinckrodt Inc. (collectively, "Liebel") filed an action against appellee Medrad, Inc., in the United States District Court for the Southern District of Ohio, No. C-1-98-858, charging Medrad with infringement of four of Liebel's patents. The patents claim ...
97-1537
48 U.S.P.Q.2d 1001 (1998) | Cited 814 times
... On appeal from: U.S. District Court for the Eastern District of Pennsylvania Senior Judge Louis C. Bechtle DECISION Harris Corporation (Harris) appeals the judgment of the United States District Court for the Eastern District of Pennsylvania, holding Harris liable for willfully infringing claims ...
No. 84-1637
775 F.2d 1107 (1985) | Cited 722 times
... MARKEY, Chief Judge. SRI International (SRI) appeals from a final judgment of the United States District Court for the Northern District of California granting summary judgment of non-infringement to Matsushita Electric Corporation (MEI). 591 F. Supp. 464, 224 U.S.P.Q. (BNA) 70 (1984). We reverse. ...
98-1298,-1347
182 F.3d 1298 (1999) | Cited 695 times
... Appealed from: U.S. District Court for the District of Connecticut Chief Judge Alfred V. Covello Opinion for the court filed by Circuit Judge MICHEL, in which PLAGER and RADER, Circuit Judges, join. Additional views filed by Circuit Judge RADER, in which Circuit Judge PLAGER joins. This appeal ...
00-1475
262 F.3d 1258 (2001) | Cited 693 times
... Appealed from: United States District Court for the Eastern District of Virginia Judge Jerome B. Friedman Bell Atlantic Network Services, Inc. ("Bell Atlantic") is the owner of United States Patent No. 5,812,786 ("the '786 patent"), which concerns certain data transmission services, particularly ...
No. 01-1139
288 F.3d 1359 (2002) | Cited 666 times
... Appealed from: United States District Court for the District of Colorado Chief Judge Lewis T. Babcock Plaintiff-Appellant CCS Fitness, Inc. appeals from a decision by the United States District Court for the District of Colorado holding that the claim limitation "reciprocating member" as used in ...
No. 88-1101
848 F.2d 1560 (1988) | Cited 588 times
... DAVIS, Circuit Judge. Appellant Constant has raised a large number of separate and diverse issues on appeal. The appealed decisions and rulings of the United States District Court for the Central District of California are all affirmed. Discussion In January 1985, appellant James Constant sued a ...
No. 94-1243
54 F.3d 1570 (1995) | Cited 583 times
... MICHEL, Circuit Judge. Southwall Technologies, Inc. (Southwall) appeals the March 2, 1994 decision of the United States District Court for the Northern District of California, Docket No. C-92-0327-DLJ, granting summary judgment for Cardinal IG Company (Cardinal) that Cardinal's LOE2 window glazing ...
No. 99-1499
242 F.3d 1337 (2001) | Cited 549 times
... Appealed from: United States District Court for the Northern District of California Judge Martin J. Jenkins Concurring opinion filed by Circuit Judge DYK. SciMed Life Systems, Inc., (SciMed) owns three U.S. patents drawn to features of balloon dilatation catheters: U.S. Patent Nos. 5,156,594 ...
02-1222, -1291
342 F.3d 1361 (2003) | Cited 525 times
... Opinion for the court filed by Circuit Judge RADER. Dissenting opinion filed by Circuit Judge SCHALL. In its Final Determination on Investigation No. 337-TA-443 under 19 U.S.C. § 1337 (section 337), the United States International Trade Commission (Commission) found no infringement of patent ...
No. 02-1032
308 F.3d 1193 (2002) | Cited 496 times
... Telegenix, Inc. ("Telegenix") appeals from the final judgment of the United States District Court for the Northern District of Texas in favor of Texas Digital Systems, Inc. ("TDS"). Because the district court erroneously construed certain disputed claim limitations, but correctly construed other ...
Appeal No. 83-1210
727 F.2d 1535 (1984) | Cited 433 times
... BENNETT, Circuit Judge. This is an appeal from a final order of the Merit Systems Protection Board (MSPB or board), No. DC 07528110859, 83 FMSR para. 5129, in the matter of Hayes v. Department of the Navy. On review, the MSPB affirmed the January 20, 1982 decision of the presiding official, ...
No. 99-1324
256 F.3d 1323 (2001) | Cited 431 times
... Appealed from: United States District Court for the Southern District of New York Judge Barbara S. Jones ORDER A combined petition for panel rehearing and rehearing en banc was filed by Broderbund Software, Inc. ("Broderbund") and Intuit, Inc. ("Intuit"), and joined in by Waldenbooks, The Library ...
Nos. 2006-1491 & 2007-1180
575 F.3d 1312 (2009) | Cited 431 times
... Before MICHEL, Chief Judge, LINN, Circuit Judge, and ST. EVE, District Judge. 1 S.A.A.T. Systems Application of Advanced Technology, Ltd. and Daiwa Products, Inc. (collectively "SAAT") appeal the denial of their motion for judgment as a matter of law ("JMOL") after a jury found that SAAT ...
01-1324
289 F.3d 801 (2002) | Cited 429 times
... On summary judgment, the United States District Court for the Northern District of Illinois held that Coolsavings.com, Inc. (Coolsavings) did not infringe, either literally or by equivalents, the claims of Catalina Marketing International, Inc.'s (Catalina's) U.S. Patent No. 4,674,041 (the `041 ...
No. 88-1265
863 F.2d 867 (1988) | Cited 420 times
... MARKEY, Chief Judge. Kingsdown Medical Consultants, Ltd. and E.R. Squibb & Sons, Inc., (Kingsdown) appeal from a judgment of the United States District Court for the Northern District of Illinois, No. 84 C 6113, holding U.S. Patent No. 4,460,363 ('363) unenforceable because of inequitable conduct ...
No. 88-1202
849 F.2d 1422 (1988) | Cited 418 times
... MAYER, Circuit Judge. Ethicon, Inc. appeals from a grant of summary judgment by the United States District Court for the Eastern District of Virginia, 5 USPQ2d 1138 (1987), holding that the Commissioner of Patents and Trademarks has the authority to stay a patent reexamination proceeding pending ...
98-1331
175 F.3d 985 (1999) | Cited 415 times
... Appealed from: United States District Court for the Western District of Wisconsin Chief Judge John C. Shabaz Zebco Corporation and Brunswick Corporation appeal a summary judgment of patent infringement granted in favor of Johnson Worldwide Associates by the United States District Court for the ...
No. 84-1675
791 F.2d 138 (1986) | Cited 402 times
... Before MARKEY, Chief Judge, BISSELL, Circuit Judge, and RE, Chief Judge.*fn* BISSELL, Circuit Judge. This is an appeal from a final decision of the Merit Systems Protection Board (Board), Docket No. PH08318310675. The issue decided on this appeal is whether the Board erred in placing on the ...
90-1137
960 F.2d 1020 (1992) | Cited 399 times
... NIES, Chief Judge. This court reheard Appeal No. 90-1137 in banc to reconsider the principles of laches and equitable estoppel applicable in a patent infringement suit. 1 A.C. Aukerman Co. sued R.L. Chaides Construction Co. in the United States District Court for the Northern District of ...
Nos. 92-1206, - 92-1260
56 F.3d 1538 (1995) | Cited 393 times
... LOURIE, Circuit Judge. Kelley Company appeals from a decision of the United States District Court for the Eastern District of Wisconsin, awarding damages for the infringement of U.S. Patent 4,373,847, owned by Rite-Hite Corporation. Rite-Hite Corp. v. Kelley Co., 774 F. Supp. 1514, 21 USPQ2d 1801 ...
Appeal Nos. 83-555, 83-564
725 F.2d 1350 (1984) | Cited 392 times
... RICH, Circuit Judge. American Hoist and Derrick Co. (AmHoist) appeals from the unpublished decision of the United States District Court for the District of Oregon holding for Sowa & Sons, Inc. (Sowa) on AmHoist's suit for infringement of claims 3, 5, and 7 of its Shahan U.S. Patent No. 4,079,584, ...
No. 04-1564
417 F.3d 1342 (2005) | Cited 386 times
... Before CLEVENGER, BRYSON, and PROST, Circuit Judges. Datamize, L.L.C. ("Datamize") appeals from a decision of the United States District Court for the Northern District of California holding each claim of United States Patent No. 6,014,137 ("the '137 patent") invalid as indefinite under 35 U.S.C. ...
03-1370
381 F.3d 1352 (2004) | Cited 383 times
... The United States District Court for the Northern District of California held that Home Diagnostics, Inc.'s (HDI's) Prestige blood glucose meters do not infringe LifeScan, Inc.'s (LifeScan's) patent on the use of reflectance to measure analyte concentration in a colored biological fluid. Home ...
92-1326
21 F.3d 1558 (1994) | Cited 380 times
... PLAGER, Circuit Judge. This is a patent infringement case in which we are called upon to determine whether the district court properly declined to exercise personal jurisdiction over foreign (from the standpoint of the forum) accused infringers or whether, applying the stream of commerce theory, ...
91-1069
970 F.2d 816 (1992) | Cited 376 times
... NIES, Chief Judge. Portec, Inc., appeals from the May 25, 1990, final judgment, entered upon a jury verdict, of the United States District Court for the District of Delaware, Civil Action No. 88-29-JRR, holding Portec liable for infringement of U.S. Patent No. 4,197,194 (the '194 patent) and U.S. ...
Nos. 94-1199, 94-1200, 94-1201, 94-1215
48 F.3d 1172 (1995) | Cited 371 times
... LOURIE, Circuit Judge. Molins PLC and John Coventry Smith, Jr. appeal from a judgment of the United States District Court for the District of Delaware holding U.S. Patents 4,369,563 and 4,621,410 unenforceable due to inequitable conduct and awarding attorney fees, costs, and expenses against ...
No. 94-1003
34 F.3d 1048 (1994) | Cited 366 times
... LOURIE, Circuit Judge. Electro Medical Systems, S.A. ("EMS") appeals from a judgment of the United States District Court for the Eastern District of New York holding U.S. Patents 3,882,638, 3,972,123, and 4,412,402 infringed and not invalid, and awarding increased damages and attorney fees based ...
98-1160
48 U.S.P.Q.2d 1880 (1998) | Cited 363 times
... Appealed from: United States International Trade Commission Personalized Media Communications, LLC ("PMC") appeals from the final determination of the United States International Trade Commission ("the Commission") that claims 6, 7, and 44 of PMC's patent are not infringed and are invalid for ...
Appeal No. 83-587
713 F.2d 1530 (1983) | Cited 354 times
... MARKEY, Chief Judge. Appeal from a judgment of the District Court for the Eastern District of Michigan, 561 F. Supp. 618, declaring Claims 1, 3, 4, 6, and 7 of U.S. Patent No. 3,473,087 to Winton Slade ('087 patent) invalid and not infringed. We affirm. When Stratoflex filed suit seeking a ...
No. 99-1526
232 F.3d 877 (2000) | Cited 352 times
... Appealed from: United States District Court for the Eastern District of Texas Judge Earl S. Hines John D. Watts seeks review of a final decision of the District Court for the Eastern District of Texas. See Watts v. XL Systems, Inc., No. 97-CV-261 (E.D. Tex. July 15, 1999). The district court held ...
95-1045
73 F.3d 1573 (1996) | Cited 348 times
... Michel, Circuit Judge. Athletic Alternatives, Inc. ("AAI") appeals from the June 29, 1994 order of the U.S. District Court for the District of Arizona, No. CIV-92-176-PHX-RGS (SLV), granting summary judgment of noninfringement in favor of Prince Manufacturing, Inc. ("Prince"). 1 Because AAI ...
No. 97-1307,98-1053
184 F.3d 1339 (1999) | Cited 345 times
... Appealed from: U.S. District Court for the Northern District of Illinois. Judge James F. Holderman, Jr. WMS Gaming Inc. (WMS) appeals the decision of the United States District Court for the Northern District of Illinois that it willfully infringed United States Patent No. 4,448,419 and that the ...
Nos. 84-1519, 84-1552
774 F.2d 448 (1985) | Cited 338 times
... RICH, Circuit Judge. This appeal is from the final judgment of the United States District Court for the Eastern District of Louisiana, entered on May 31, 1984 1 dismissing the complaint and based on the holding that U. S. Reissue Patent No. 28,525, entitled "Process for Hydrolyzing Nitriles," ...
91-1283
952 F.2d 1384 (1992) | Cited 332 times
... NIES, Chief Judge. Phonometrics, Inc., owner of U.S. Patent No. 3,769,463 (the '463 patent), appeals from the summary judgment of the United States District Court for the Northern District of Texas declaring that Intellicall, Inc., had not infringed the '463 patent. We affirm. I. BACKGROUND The ...
No. 06-1064
467 F.3d 1355 (2006) | Cited 321 times
... Published opinion Before MICHEL, Chief Judge, DYK and PROST, Circuit Judges. Appellants O2 Micro International Limited and O2 Micro, Inc. (collectively "O2 Micro") appeal the district court's grant of summary judgment of non-infringement in favor of appellee Monolithic Power Systems, Inc. ...
Nos. 96-1503, 96-1510.
126 F.3d 1420 (1997) | Cited 318 times
... In this patent infringement action, Sage Products, Inc. (Sage) and Devon Industries, Inc. (Devon) cross-appeal the judgment of the United States District Court for the Central District of California. On the parties' cross-motions for summary judgment, the district court held that Devon did not ...
98-1008
48 U.S.P.Q.2d 1674 (1998) | Cited 316 times
... Appealed from: United States District Court for the Southern District of New York. Judge Lawrence M. McKenna Carl B. Bai appeals from the summary judgment of the United States District Court for the Southern District of New York that L&L Wings, Inc.'s MAGIC CATCH game does not infringe claim 1 of ...
No. 85-2681
796 F.2d 430 (1986) | Cited 309 times
... SWYGERT, Senior Circuit Judge. This case concerns a decision of the Merit Systems Protection Board ("MSPB" or "the Board") affirming the Department of the Treasury's decision to remove the petitioner, Anthony R. Hambsch, from the Department of the Treasury's Uniformed Secret Service Division ("the ...
Appeal No. 86-531
802 F.2d 1367 (1986) | Cited 308 times
... RICH, Circuit Judge. This appeal is from the August 28, 1985, decision of the United States District Court for the Northern District of California, 623 F. Supp. 1344, 227 U.S.P.Q. (BNA) 215, in favor of defendant Monoclonal Antibodies, Inc. (Monoclonal) holding that all 29 claims of plaintiff's ...
Nos. 89-1541, 89-1542, 89-1543, 89-1646, 89-1647
927 F.2d 1565 (1991) | Cited 304 times
... NEWMAN, Circuit Judge. This litigation concerns a substance called human Factor VIII:C, a complex protein that occurs naturally in normal blood and is essential to the clotting of blood. The patent in suit, United States Reissue Patent No. 32,011 (the "R'011" patent), is entitled ...
00-1109
239 F.3d 1343 (2001) | Cited 304 times
... As amended March 1, 2001 Appealed from: United States District Court for the Western District of Washington Judge Marsha J. Pechman This is a patent infringement suit brought by Amazon.com, Inc. ("Amazon") against barnesandnoble.com, inc., and barnesandnoble.com llc (together, "BN"). Amazon moved ...
97-1474
47 U.S.P.Q.2d 1192 (1998) | Cited 303 times
... Judge David S. Doty United States Court of Appeals for the Federal Circuit Red Wing Shoe Company, Inc. (Red Wing) brought an action against Hockerson-Halberstadt, Inc. (HHI) seeking a declaratory judgment of noninfringement, invalidity, and unenforceability of U.S. Patent No. 4,322,895 (the '895 ...
Nos. 90-1270, 90-1274
917 F.2d 1574 (1990) | Cited 298 times
... PLAGER, Circuit Judge For almost one hundred years, a specific statutory provision, currently section 1400(b) of chapter 87, title 28, U.S. Code, has set forth the bases for establishing venue in patent infringement actions. Where the defendant 'resides' is one of those bases. Supreme Court ...
Nos. 88-1192, 88-1193
868 F.2d 1251 (1989) | Cited 296 times
... NIES, Circuit Judge. Sumitomo Electric U.S.A., Inc. (SEUSA), Sumitomo Electric Industries, Ltd. (SEI), and Sumitomo Electric Research Triangle, Inc. (SERT), (collectively Sumitomo) appeal from the judgment of the United States District Court for the Southern District of New York, 671 F. Supp. ...
No. 94-1516
55 F.3d 615 (1995) | Cited 293 times
... Michel, Circuit Judge. Bell Communications Research, Inc. ("Bellcore") appeals from the August 16, 1994 decision of the United States District Court for the District of New Jersey, No. 92-4104, granting summary judgment in favor of Vitalink Communications Corporation ("Vitalink") on the latter's ...
01-1238
299 F.3d 1336 (2002) | Cited 292 times
... Bartell Industries, Inc. ("Bartell") appeals the April 13, 1999 judgment, following a bench trial, of the United States District Court for the Eastern District of Arkansas, Civil Action No. J-C-95-143 ("Allen Engineering"), holding that Bartell's riding trowel models TS-65, TS-78, and TS-88 1 ...
No. 00-1395
274 F.3d 1336 (2001) | Cited 290 times
... Appealed from: United States District Court for the Western District of Wisconsin Judge Barbara B. Crabb Rexnord Corporation appeals a summary judgment of noninfringement granted in favor of The Laitram Corporation and Intralox, Inc., by the United States District Court for the Western District ...
98-1393
194 F.3d 1250 (1999) | Cited 288 times
... Appealed from: United States District Court for the District of Colorado Senior Judge Zita L. Weinshienk Following a bench trial, the United States District Court for the District of Colorado determined that Great Plains Chemical Company, Inc., now Lextron, Inc. (Lextron), did not infringe Micro ...
Nos. 85-1882, 85-1933
833 F.2d 931 (1987) | Cited 287 times
... BISSELL, Circuit Judge. This appeal and cross-appeal are from a judgment of the United States District Court for the Northern District of Georgia, 225 U.S.P.Q. (BNA) 558 (N.D. Ga. 1984). The district court found that Durand-Wayland's accused devices do not infringe any claim, literally or under ...
No. 94-1229
45 F.3d 1541 (1995) | Cited 285 times
... MICHEL, Circuit Judge. Akro Corporation (Akro) appeals from the February 9, 1994 judgment of the U.S. District Court for the Northern District of Ohio, No. 5:93CV2207, dismissing Akro's action for declaratory judgments of noninfringement, invalidity, and unenforceability. The trial court entered ...
01-1191, -1218
314 F.3d 1313 (2003) | Cited 283 times
... Opinion for the court filed by Circuit Judge MICHEL. Dissenting opinion filed by Circuit Judge CLEVENGER. Plaintiff-Cross Appellant Amgen Inc. ("Amgen") is the owner of numerous patents directed to the production of erythropoietin ("EPO"), a naturally occurring hormone that controls the formation ...
No. 2007-1149
514 F.3d 1244 (2008) | Cited 280 times
... Before MICHEL, Chief Judge, BRYSON, Circuit Judge, and FOGEL, 1 District Judge. Halliburton Energy Services, Inc. ("Halliburton") appeals from a final judgment of the United States District Court for the Eastern District of Texas. Halliburton Energy Services, Inc. v. M-I LLC, No. 6:05-CV-155 ...
No. 87-1505
853 F.2d 1557 (1988) | Cited 274 times
... NIES, Circuit Judge. L.A. Gear California, Inc. (LAG) appeals the decision of the United States District Court for the Central District of California, Pensa, Inc. v. L.A. Gear of California, Inc., 4 USPQ2d 1016 (C.D.Cal. 1987), granting the motion of Avia Group International, Inc. (formerly Pensa, ...
99-1241
203 F.3d 1305 (2000) | Cited 271 times
... Appealed from: Patent and Trademark Office Board of Patent Appeals and Interferences Robert J. Gartside and Richard C. Norton (collectively "Gartside") appeal from the final decision of the Board of Patent Appeals and Interferences holding that claims 34, 35, and 37-47 of application Ser. No. ...
Appeal No. 83-1195
732 F.2d 888 (1984) | Cited 265 times
... MARKEY, Chief Judge. Appeal from a judgment of the District Court for the Northern District of California holding valid and infringed claims 1 through 5, 7 and 8 of U.S. Patent No. 3,748,015 ('015 patent), issued to Abe Offner, and claims 1 through 8 of U.S. Patent No. 3,821,763 ('763 patent), ...
Nos. 93-1018, 93-1034
15 F.3d 1573 (1993) | Cited 264 times
... LOURIE, Circuit Judge. Carroll Touch, Inc. appeals from the judgment of the United States District Court for the central District of Illinois holding that Electro Mechanical Systems, Inc. (EMS) did not infringe claim 24 of U.S. Patent 4,267,443 and that the '443 patent is invalid. Carroll Touch, ...
Nos. 90-1148, 90-1175
917 F.2d 544 (1990) | Cited 258 times
... MICHEL, Circuit Judge Paramount Systems, Inc. (Paramount), Robert S. Butterworth, and Anthony J. DiSimone appeal the United States District Court for the Eastern District of Pennsylvania's September 7, 1989, judgment awarding Manville Sales Corporation (Manville) damages for infringement of U.S. ...
Nos. 84-1687, 84-1737
781 F.2d 861 (1985) | Cited 256 times
... BALDWIN, Circuit Judge. Loctite Corporation (Loctite) appeals from a judgment of the United States District Court for the Eastern District of Wisconsin, 225 U.S.P.Q. (BNA) 67 (1984), which denied Loctite's claims that U.S. Patent No. 3,435,012 ('012), issued to Nordlander in 1969, and U.S. Patent ...
03-1138, 03-1139
357 F.3d 1340 (2004) | Cited 256 times
... Opinion for the court filed by Circuit Judge LOURIE. Dissenting opinion filed by Circuit Judge RADER. Multi-Tech Systems, Inc. appeals from the order of the United States District Court for the District of Minnesota entering final judgment of noninfringement of U.S. Patents 5,600,649; 5,764,627; ...
93-1513
75 F.3d 1545 (1996) | Cited 255 times
... NEWMAN, Circuit Judge. Modine Manufacturing Co. appeals the decision of the United States International Trade Commission, 1 holding that section 337 of the Tariff Act, 19 U.S.C. § 1337, was not violated by the importation of certain automotive condensers. The respondents before the Commission, ...
Nos. 87-1532, 87-1533
859 F.2d 878 (1988) | Cited 254 times
... NIES, Circuit Judge. SmithKline Diagnostics, Inc. (SKD) appeals the final judgment of the United States District Court for the Eastern District of Texas,SmithKline Diagnostics, Inc. v.Helena Laboratories Corp., 662 F. Supp. 622 (E.D. Tex. 1987), holding United States Patent No. 4,365,970 ('970) ...
04-1005
395 F.3d 1364 (2005) | Cited 252 times
... Opinion for the court filed by Circuit Judge GAJARSA. Dissenting opinion filed by Circuit Judge RADER. Teva Pharmaceuticals USA, Inc. ("Teva") appeals the final judgment of the United States District Court of Delaware, which, after a bench trial, found Merck & Co.'s ("Merck") U.S. Patent No. ...
00-5077
265 F.3d 1371 (2001) | Cited 246 times
... Appealed from: United States Court of Federal Claims Judge Edward J. Damich Exxon Research and Engineering Co. is the assignee of U.S. Patent Nos. 5,292,705 ("the '705 patent") and 5,348,982 ("the '982 patent"), which are directed to improvements in a method for converting natural gas into liquid ...
96-1165
48 U.S.P.Q.2d 1225 (1998) | Cited 245 times
... Appealed from: U.S. District Court for the Northern District of Illinois Judge Elaine E. Bucklo United States Court of Appeals for the Federal Circuit Opinion for the court by Judge Newman except for Part I.E (on-sale issue) and Part VI.C (attempt to monopolize). Judge Bryson does not join Parts ...
Nos. 87-1259, 87-1284
849 F.2d 1430 (1988) | Cited 245 times
... BISSELL, Circuit Judge. E.I. du Pont de Nemours & Company ("Du Pont") appeals from a judgment of the United States District Court for the District of Delaware, see E.I. du Pont de Nemours & Co. v. Phillips Petroleum Co., 656 F. Supp. 1343, 2 USPQ2d 1545 (1987), that Du Pont failed to prove that ...
Nos. 90-1360, 90-1384
939 F.2d 1533 (1991) | Cited 243 times
... NIES, Chief Judge Rexnord, Inc., appeals the judgment of the United States District Court for the Eastern District of Wisconsin (Warren, J.) that claims 21 and 22 of U.S. Patent No. 4,051,949 ('949), assigned to Laitram Corp., were infringed by Rexnord. Laitram Corp. v. Rexnord, Inc., 15 ...
No. 87-1467
849 F.2d 1446 (1988) | Cited 239 times
... SMITH, Circuit Judge. In this patent case, the United States District Court for the Central District of California issued a preliminary injunction order enjoining Abbott Laboratories (Abbott) from manufacturing, using, or selling monoclonal antibody sandwich assays that infringe claims of ...
Appeal Nos. 83-613, 83-614
721 F.2d 1540 (1983) | Cited 234 times
... MARKEY, Chief Judge. Appeal from a judgment of the District Court for the Northern District of Ohio holding U.S. Patents 3,953,566 ('566) and 4,187,390 ('390) invalid. We affirm in part, reverse in part, and remand for a determination of the infringement issue. Background Tape of unsintered ...
91-3202
966 F.2d 650 (1992) | Cited 234 times
... NIES, Chief Judge. Juanita C. Mendoza appeals from the October 9, 1990, decision of the Merit Systems Protection Board (MSPB or Board), No. SE08319010505, dismissing for untimeliness her appeal of an Office of Personnel Management (OPM) reconsideration decision. A panel of the court reversed the ...
97-1574
47 U.S.P.Q.2d 1272 (1998) | Cited 234 times
... Senior Judge S. Arthur Spiegel United States Court of Appeals for the Federal Circuit Ethicon Endo-Surgery, Inc. and Ethicon, Inc. (collectively, "Ethicon") appeal from the decision of the United States District Court for the Southern District of Ohio granting summary judgment that United States ...
02-1524
336 F.3d 1298 (2003) | Cited 229 times
... SRAM Corporation appeals from an order of the United States District Court for the Northern District of California granting SunRace Roots Enterprise Co., Ltd., and Sun Victory Trading Co., Inc., (collectively "SunRace") a declaratory judgment of noninfringement of SRAM's patent relating to bicycle ...
04-1246
402 F.3d 1371 (2005) | Cited 227 times
... Before NEWMAN, CLEVENGER, and GAJARSA, Circuit Judges. Rhodia Chimie and Rhodia, Inc. (collectively "Rhodia") appeal from a decision by the United States District Court for the District of Delaware granting summary judgment on Rhodia's claims of patent infringement in favor of defendant PPG ...
No. 2007-1448
537 F.3d 1357 (2008) | Cited 226 times
... Before MICHEL, Chief Judge, SCHALL and DYK, Circuit Judges. Plaintiff-Appellant Star Scientific, Inc. ("Star") appeals from a final judgment in favor of Defendants-Appellees R.J. Reynolds Tobacco Company (N.C.) and R.J. Reynolds Tobacco Company (N.J.) (collectively, "RJR"). The district court ...
96-1463
46 U.S.P.Q.2d 1097 (1998) | Cited 224 times
... This decision supersedes the decision issued on November 18, 1997. Nobelpharma AB and Nobelpharma USA, Inc. (collectively, NP) appeal from the judgment of the United States District Court for the Northern District of Illinois holding that (1) U.S. Patent 4,330,891 is invalid under 35 U.S.C. § 112, ...
No. 2007-1553
552 F.3d 1324 (2008) | Cited 222 times
... Published opinion Before NEWMAN, SCHALL, and LINN, Circuit Judges. Opinion for the court filed by Circuit Judge LINN. Dissenting opinion filed by Circuit Judge NEWMAN. This appeal concerns the personal jurisdiction of a U.S. district court over a Taiwanese company in a suit for declaratory ...
No. 2007-1419
521 F.3d 1328 (2008) | Cited 221 times
... Published opinion Before LOURIE, SCHALL, and BRYSON, Circuit Judges. The appellants, referred to collectively as "Aristocrat," are the owner and exclusive licensee of U.S. Patent No. 6,093,102 ("the '102 patent"). The patent is directed to an electronic slot machine that allows a player to select ...
02-1536
340 F.3d 1344 (2003) | Cited 220 times
... Electronics for Imaging, Inc. ("EFI") appeals from the judgment issued by the United States District for the Northern District of California ("district court") granting the motion of Jan R. Coyle ("Coyle") and Kolbet Labs (collectively "defendants") to dismiss for lack of personal jurisdiction ...
97-1194,-1401
46 U.S.P.Q.2d 1752 (1998) | Cited 218 times
... Cardinal Industries, Inc. and Green Machine Corporation (collectively Cardinal) appeal from the decision of the United States District Court for the Central District of California granting Chiuminatta Concrete Concepts, Inc., Edward Chiuminatta, and Alan Chiuminatta's (collectively Chiuminatta's) ...
98-1243
164 F.3d 1372 (1998) | Cited 216 times
... Appealed from: United States District Court for the Southern District of New York Senior Judge Whitman K. Knapp. Spectrum International, Inc. ("Spectrum") appeals the summary judgment of the United States District Court for the Southern District of New York that Sterilite Corporation's ...
98-1067,-1180
48 U.S.P.Q.2d 1911 (1998) | Cited 216 times
... Appealed from: U.S. District Court for the District of Delaware Judge Roderick R. McKelvie United States Court of Appeals for the Federal Circuit This is an appeal from a patent infringement action in which Key Pharmaceuticals, Inc. ("Key") charged Hercon Laboratories Corporation ("Hercon") with ...
91-1249
998 F.2d 931 (1993) | Cited 214 times
... NEWMAN, Circuit Judge. Genentech, Inc. appeals the judgment of the United States District Court for the Southern District of Indiana 1 dismissing, as to the Regents of the University of California ("the University"), the declaratory judgment action brought by Genentech against the University and ...
98-1435
175 F.3d 1356 (1999) | Cited 214 times
... Appealed from: United States District Court for the Southern District of Iowa Judge Robert W. Pratt MAYER, Chief Judge, RICH, Circuit Judge, SMITH, Senior Circuit Judge, NEWMAN, MICHEL, PLAGER, LOURIE, CLEVENGER, RADER, SCHALL, BRYSON, and GAJARSA, Circuit Judges, have joined Part II-A of this ...
Appeal No. 82-19
690 F.2d 1368 (1982) | Cited 214 times
... MARKEY, Chief Judge. This appeal is the first to be heard, and this opinion the first to be published, by the United States Court of Appeals for the Federal Circuit, established October 1, 1982 by the Federal Courts Improvement Act of 1982, Pub. L. No. 97-164, 96 Stat. 25. The court sits in banc ...
Nos. 89-1459, 89-1476, 89-1534
946 F.2d 821 (1991) | Cited 214 times
... ARCHER, Circuit Judge Intel Corporation (Intel), Atmel Corporation (Atmel), and General Instrument Corporation and Microchip Technology Incorporated (collectively GI/M) have each filed an appeal from certain aspects 1 of the Opinion (Decision) and Order, issued March 16, 1989, by the United ...
92-1168, 92-1218, 92-1282, 92-1288, 92-1319, 92-1320
988 F.2d 1165 (1993) | Cited 209 times
... CLEVENGER, Circuit Judge. In these appeals, consolidated for the purpose of decision, Texas Instruments Incorporated (TI), Analog Devices, Incorporated (Analog), Cypress Semiconductor Corporation, Integrated Device Technology, Incorporated, LSI Logic Corporation, and VLSI Technology, Incorporated ...
2011-1467
687 F.3d 1266 (2012) | Cited 209 times
... Before LOURIE, PROST, and WALLACH, Circuit Judges. Bancorp Services, L.L.C. ("Bancorp") appeals from the final decision of the U.S. District Court for the Eastern District of Missouri, which entered summary judgment that the asserted claims of U.S. Patents 5,926,792 and 7,249,037 (the "'792 ...
Nos. 90-1016, 90-1017
909 F.2d 1464 (1990) | Cited 209 times
... RICH, Circuit Judge. Bausch & Lomb Incorporated (B&L) appeals from the September 13, 1989 Judgment of the United States District Court for the Northern District of California, holding U.S. Pat. No. 4,384,298 (LaBarre) valid and infringed by B & L. Hewlett-Packard Co. v. Bausch & Lomb Inc., 722 F. ...
03-1179, -1205
362 F.3d 1367 (2004) | Cited 207 times
... The main appeal by Ken Greer ("Greer") is from the decision of the United States District Court for the Northern District of California granting summary judgment on his state-law counterclaims for tortious interference with prospective economic advantage and unfair competition arising from ...
02-1137, -1138
318 F.3d 1363 (2003) | Cited 206 times
... Plaintiff-appellant Altiris, Inc. ("Altiris") appeals the grant on October 9, 2001 of summary judgment of noninfringement of Altiris' United States Patent No. 5,764,593 ("the '593 Patent") by the United States District Court for the District of Utah. Altiris, Inc. v. Symantec Corp., No. 2:99CV ...
No. 05-1168
441 F.3d 945 (2006) | Cited 205 times
... Before MICHEL, Chief Judge, BRYSON, and GAJARSA, Circuit Judges. This case turns on the construction of a patent that claims an apparatus used with dental implants. The patent, U.S. Pat. No. 5,749,731 ("the '731 patent"), describes a plastic cuff that is designed to preserve a space around a ...
No. 88-1639
885 F.2d 1574 (1989) | Cited 205 times
... NIES, Circuit Judge. Charles C. Johnston and Gordon P. Ramsey, trustees of the AMEC Liquidating Trust (AMEC), appeal the final decision of the United States District Court for the Southern District of California, No. 87-0703-GT(M) (Thompson, J.) entered on July 5, 1988, granting IVAC Corporation's ...
2006-1562
543 F.3d 665 (2008) | Cited 204 times
... Before MICHEL, Chief Judge, and NEWMAN, ARCHER, MAYER, LOURIE, RADER, SCHALL, BRYSON, GAJARSA, LINN, DYK, PROST, and MOORE, Circuit Judges. We granted rehearing en banc in this design patent case to address the appropriate legal standard to be used in assessing claims of design patent ...
93-1281
14 F.3d 1570 (1994) | Cited 203 times
... CLEVENGER, Circuit Judge. Robert Conroy appeals the February 5, 1993 judgment of the United States District Court for the District of Massachusetts granting Reebok International, Ltd. (Reebok)'s motion for summary judgment of noninfringement of U.S. Patent No. 3,854,228 (the Conroy patent). Conroy ...
97-1514
48 U.S.P.Q.2d 1773 (1998) | Cited 202 times
... Appealed from: United States District Court for the Central District of California Judge William Duffy Keller United States Court of Appeals for the Federal Circuit DECISION 3D Systems, Inc. (3D) appeals the decision of the United States District Court for the Central District of California ...