34 Cited authorities

  1. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,736 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"
  2. Markman v. Westview Instruments, Inc.

    52 F.3d 967 (Fed. Cir. 1995)   Cited 5,142 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)."
  3. Cybor Corp. v. FAS Technologies, Inc.

    138 F.3d 1448 (Fed. Cir. 1998)   Cited 1,574 times   42 Legal Analyses
    Holding that claim construction was purely a matter of law and therefore subject to de novo review
  4. Westberry v. Gislaved Gummi AB

    178 F.3d 257 (4th Cir. 1999)   Cited 953 times   2 Legal Analyses
    Holding an expert must provide some explanation of why other potential causes were not the sole cause
  5. Vance v. Peters

    520 U.S. 1230 (1997)   Cited 188 times

    No. 96-1489. May 19, 1997, October TERM, 1996. C.A. 7th Cir. Certiorari denied. Reported below: 97 F. 3d 987.

  6. Bai v. L & L Wings, Inc.

    160 F.3d 1350 (Fed. Cir. 1998)   Cited 508 times
    Holding that where the reason for an amendment is clear from the prosecution history, the Warner-Jenkinson presumption does not apply
  7. Sundance, Inc. v. DeMonte Fabricating Ltd.

    550 F.3d 1356 (Fed. Cir. 2008)   Cited 176 times   9 Legal Analyses
    Holding that the district court abused its discretion in permitting a witness not qualified as an expert in the pertinent art to testify as an expert regarding issues of noninfringement or invalidity
  8. Tate Access Floors, Inc. v. Interface Architectural Resources, Inc.

    279 F.3d 1357 (Fed. Cir. 2002)   Cited 205 times   3 Legal Analyses
    Holding that "[w]here an accused infringer is clearly practicing only that which was in the prior art, and nothing more, and the patentee's proffered construction reads on the accused device, meeting burden of [establishing invalidity] should not prove difficult"
  9. Crown Packaging v. Rexam Beverage Can

    559 F.3d 1308 (Fed. Cir. 2009)   Cited 131 times   4 Legal Analyses
    Holding that the marking requirement is inapplicable to process or method claims
  10. Newell Companies, Inc. v. Kenney Mfg. Co.

    864 F.2d 757 (Fed. Cir. 1988)   Cited 221 times   3 Legal Analyses
    Holding that because the record established such a strong case of obviousness based on the teachings of the prior art, the fact that the product was successful does not overcome the conclusion of obviousness
  11. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 96,086 times   662 Legal Analyses
    Adopting Fed.R.Civ.P. 37
  12. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 26,858 times   260 Legal Analyses
    Adopting the Daubert standard
  13. Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    Fed. R. Evid. 403   Cited 22,694 times   81 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks
  14. Rule 401 - Test for Relevant Evidence

    Fed. R. Evid. 401   Cited 13,520 times   35 Legal Analyses
    Providing that evidence is relevant if " it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action"
  15. Rule 402 - General Admissibility of Relevant Evidence

    Fed. R. Evid. 402   Cited 6,721 times   11 Legal Analyses
    Providing relevant evidence is admissible unless prohibited by the United States Constitution, a federal statute, the Federal Rules of Evidence, or other rules prescribed by the Supreme Court
  16. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,945 times   964 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"
  17. Rule 701 - Opinion Testimony by Lay Witnesses

    Fed. R. Evid. 701   Cited 5,761 times   26 Legal Analyses
    Requiring lay opinion testimony to be "rationally based on the witness's perception"
  18. Section 282 - Presumption of validity; defenses

    35 U.S.C. § 282   Cited 3,906 times   139 Legal Analyses
    Granting a presumption of validity to patents
  19. Rule 608 - A Witness's Character for Truthfulness or Untruthfulness

    Fed. R. Evid. 608   Cited 3,008 times   16 Legal Analyses
    Assuming it was otherwise admissible
  20. Section 287 - Limitation on damages and other remedies; marking and notice

    35 U.S.C. § 287   Cited 762 times   93 Legal Analyses
    Limiting liability of medical practitioners for performance of certain medical and surgical procedures