all - Opinion Summaries

INNOVAD INC. v. MICROSOFT CORP.

Intellectual Property, Patent
Where patent application stated device was unique because it lacked a component, patent holder cannot claim infringement on device that contained that...

ADVANCED CARDIOVASCULAR SYS., INC. v. SCIMED LIFE SYS., INC.

Intellectual Property, Patent
A patent application's drawings depicting a certain feature cannot support the conclusion that a limitation exists without the frame of reference to...

VISKASE CORP. v. AM. NAT'L CAN CO.

Intellectual Property, Patent
Even though the test data itself may be completely accurate, where an expert witness provides perjured testimony that he witnessed the tests, when in...

IN RE MARY E. ZURKO

Cyberspace Law, Intellectual Property, Patent
Under the Administrative Procedures Act substantial evidence standard of review, the Board of Patent Appeals and Interferences incorrectly denied a...

THE DOW CHEM. CO. v. SUMITOMO CHEM. CO., LTD.

Intellectual Property, Patent
Where one of ordinary skill in the art would understand the ordinary meaning of a term, claim construction requires that the court search the...

PANNU v STORZ INSTRUMENTS, INC.

Intellectual Property, Patent
Where a reissued patent improperly broadened claims in a manner directly pertinent to subject matter surrendered during prosecution, it is invalid...

IN RE ROEMER

Civil Procedure, Intellectual Property, Patent
Where only party to an interference proceeding has appealed the designation of unpatentable, the Board of Patent Appeals and Interferences cannot...

DAYCO PRODS., INC. v. TOTAL CONTAINMENT, INC.

Intellectual Property, Patent
In construing patent claims, the district court may not read into the language limitations which are not explicit in the claim, even if the...

STATE CONTRACTING & ENGINEERING CORP. v. STATE OF FLORIDA

Civil Procedure, Intellectual Property, Trademark, Patent
Because a waiver of sovereign immunity must be express and equivocal, filing a counterclaim during a period when the State was reasonably unsure about...

TEGAL CORP. v. TOKYO ELECTRON AM.,INC.

Civil Procedure, Constitutional Law, Intellectual Property, Patent
A defendant in a patent case who asserts only affirmative defenses and no counterclaims does not have a right to a jury trial if the only remedy...