all - Opinion Summaries

DOW CHEMICAL CO. v ASTRO-VALCOUR, INC.

Intellectual Property, Patent
The true inventor need not know that it was the inventor at the time it challenges the validity of a patent issued to someone else, as long as the...

BIO-TECH. GEN. CORP. v. GENENTECH, INC.

Intellectual Property, Patent
When scientific certainty is not available, and the scientific theories and evidence are within a reasonable range of difference of scientific...

THE TORO CO. v. WHITE CONSOL. INDUS., INC.

Intellectual Property, Patent
Even if a function is inherent in the unitary structure, if neither the patent specification nor the claim construction make the inherent function a...

EMI GROUP N. AM., INC. v. CYPRESS SEMICONDUCTOR CORP.

Intellectual Property, Patent
Where multiple claims each recite the same mechanism, all claims will be invalid for impossibility if the mechanism is shown to be inoperative.

EXXON CORP. v. PHILLIPS PETROLEUM CO.

Intellectual Property, Patent
Although the PTO has no authority to waive the statutory requirement that every patent application must have at least one claim when filed, the PTO...

EXXON RESEARCH & ENG'G CO. v. US

Intellectual Property, Patent
A patent specification that teaches using the time quantity term "for a period sufficient" does not need to identify an upper or lower boundary for...

IN RE INLAND STEEL CO.

Intellectual Property, Patent
The fact that a patent teaches two steps produces optimal results does not negate the additional teaching that one step alone may have beneficial...

BROWN v. 3M

Cyberspace Law, Intellectual Property, Patent
Where a claim is written using the disjunctive "or," and one of the options is anticipated by prior art, the entire claim is invalid for lack of...

HILGRAEVE CORP. v. SYMENTEC CORP.

Cyberspace Law, Intellectual Property, Patent
Where the claim construction distinguishes prior art as unable to prevent an operating system from accessing a computer virus, defendant's expert...

PIECZENIK v. DYAX CORP.

Civil Procedure, Intellectual Property, Patent
Even assuming that the defendant infringed plaintiff's patent, where plaintiff alleges that the infringing activity concluded prior to delivery of the...