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Brassica Protection Products LLC v. Caudill Seed & Warehouse Co., Inc.

MEMORANDUM OF LAW re: 43 Claim Construction Statement,,,,,,, Caudill Seed's Claim Construction Brief. Document

29 Cited authorities

  1. Markman v. Westview Instruments, Inc.

    517 U.S. 370 (1996)   Cited 5,366 times   65 Legal Analyses
    Holding that claim construction is a matter of law for the court

  2. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,729 times   164 Legal Analyses
    Holding that "because extrinsic evidence can help educate the court regarding the field of the invention and can help the court determine what a person of ordinary skill in the art would understand claim terms to mean, it is permissible for the district court in its sound discretion to admit and use such evidence"

  3. Markman v. Westview Instruments, Inc.

    52 F.3d 967 (Fed. Cir. 1995)   Cited 5,137 times   12 Legal Analyses
    Holding that inventor testimony as to "[t]he subjective intent of the inventor when he used a particular term is of little or no probative weight in determining the scope of a claim (except as documented in the prosecution history)."

  4. Vitronics Corporation v. Conceptronic, Inc.

    90 F.3d 1576 (Fed. Cir. 1996)   Cited 4,321 times   10 Legal Analyses
    Holding that a claim construction that excludes the preferred embodiment is "rarely, if ever, correct and would require highly persuasive evidentiary support"

  5. Renishaw PLC v. Marposs Societa' Per Azioni

    158 F.3d 1243 (Fed. Cir. 1998)   Cited 1,698 times   4 Legal Analyses
    Holding that there must be a claim term in need of clarification in order to draw in statements from the written description

  6. CCS Fitness, Inc. v. Brunswick Corp.

    288 F.3d 1359 (Fed. Cir. 2002)   Cited 967 times   6 Legal Analyses
    Holding that to act as its own lexicographer, a patentee must “clearly set forth a definition of the disputed claim term” other than its plain and ordinary meaning

  7. C.R. Bard, Inc. v. U.S. Surgical Corp.

    388 F.3d 858 (Fed. Cir. 2004)   Cited 871 times   1 Legal Analyses
    Holding that after initial examination the claim in suit “[did] not necessarily require” that a surgical device be “pleated” but that arguments made during reexamination constituted a “clear disclaimer of scope” requiring “pleating”

  8. Catalina Market. Intern. v. Coolsavings.com

    289 F.3d 801 (Fed. Cir. 2002)   Cited 648 times   5 Legal Analyses
    Holding that "the claims, specification, and prosecution history of the041 patent demonstrate that the preamble phrase `located at predesignated sites such as consumer stores' is not a limitation of Claim 1," for "the applicant did not rely on this phrase to define its invention nor is the phrase essential to understand limitations or terms in the claim body"

  9. NTP, Inc. v. Research in Motion, Ltd.

    418 F.3d 1282 (Fed. Cir. 2005)   Cited 459 times   16 Legal Analyses
    Holding that users of accused system could not infringe method claims in the United States because one step of the method was performed in Canada

  10. Watts v. XL Systems, Inc.

    232 F.3d 877 (Fed. Cir. 2001)   Cited 503 times   1 Legal Analyses
    Holding that a patentee's representation about claim language limits that language even if it is later deleted and added elsewhere

  11. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,287 times   1030 Legal Analyses
    Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it

  12. Section 253 - Disclaimer

    35 U.S.C. § 253   Cited 180 times   37 Legal Analyses
    Granting patentee authority to disclaim issued or pending claims