33 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 215,959 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Graham v. John Deere Co.
383 U.S. 1 (1966) Cited 3,152 times 48 Legal Analyses
Holding commercial success is a "secondary consideration" suggesting nonobviousness
O2 Micro Intern. v. Monolithic Power Sys
467 F.3d 1355 (Fed. Cir. 2006) Cited 603 times 3 Legal Analyses
Holding that diligence must be considered in determining whether good cause exists to amend infringement contentions
Exxon Research and Engineering Co. v. U.S.
265 F.3d 1371 (Fed. Cir. 2001) Cited 464 times 6 Legal Analyses
Holding that a claim limitation that average particle diameter be greater than 5 was not indefinite where no upper limit on particle size was given
Burlington v. Assiniboine, Sioux Tribes
323 F.3d 767 (9th Cir. 2003) Cited 398 times
Holding that a Rule 56(d) motion should be granted if a party has not had a "realistic opportunity to pursue discovery relating to its theory of the case"
Schering Corp. v. Geneva Pharmaceuticals
339 F.3d 1373 (Fed. Cir. 2003) Cited 336 times 8 Legal Analyses
Holding a claim invalid as anticipated when it claimed compounds in Markush form and a prior art reference disclosed one of the claimed compounds
Teamsters Local 175 505 Pension v. Clorox
353 F.3d 1125 (9th Cir. 2004) Cited 267 times
Holding that where "sufficient warnings accompanied the [statements at issue] . . . Clorox [was] protected from liability under the safe harbor provision"
Burke v. Utah Transit Authority
462 F.3d 1253 (10th Cir. 2006) Cited 240 times
Holding that section 13(c) does not create a federal private cause of action
Ruiz v. A.B. Chance Co.
234 F.3d 654 (Fed. Cir. 2000) Cited 237 times 1 Legal Analyses
Holding that district court erred in failing to consider evidence of secondary considerations
AK Steel Corp. v. Sollac
344 F.3d 1234 (Fed. Cir. 2003) Cited 205 times 1 Legal Analyses
Holding that "dependent claims are presumed to be of narrower scope than the independent claims from which they depend"
Rule 30 - Depositions by Oral Examination
Fed. R. Civ. P. 30 Cited 16,017 times 126 Legal Analyses
Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely
Section 355 - New drugs
21 U.S.C. § 355 Cited 2,241 times 334 Legal Analyses
Granting the court discretion to change the date on which an ANDA may be approved if "either party to the action failed to reasonably cooperate in expediting the action"

Anticancer Inc v. Cambridge Research & Instrumentation, Inc. et al

33 Cited authorities

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding commercial success is a "secondary consideration" suggesting nonobviousness

Holding that diligence must be considered in determining whether good cause exists to amend infringement contentions

Holding that a claim limitation that average particle diameter be greater than 5 was not indefinite where no upper limit on particle size was given

Holding that a Rule 56(d) motion should be granted if a party has not had a "realistic opportunity to pursue discovery relating to its theory of the case"

Holding a claim invalid as anticipated when it claimed compounds in Markush form and a prior art reference disclosed one of the claimed compounds

Holding that where "sufficient warnings accompanied the [statements at issue] . . . Clorox [was] protected from liability under the safe harbor provision"

Holding that section 13(c) does not create a federal private cause of action

Holding that district court erred in failing to consider evidence of secondary considerations

Holding that "dependent claims are presumed to be of narrower scope than the independent claims from which they depend"

Upholding a district court's decision not to consider the plaintiff's deposition errata sheets in opposition to a motion for summary judgment when they were untimely

Granting the court discretion to change the date on which an ANDA may be approved if "either party to the action failed to reasonably cooperate in expediting the action"