93 Cited authorities

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
Zenith Corp. v. Hazeltine
395 U.S. 100 (1969) Cited 2,456 times 7 Legal Analyses
Holding that the district court erred when it enjoined a nonparty that was never determined to be in active concert with a defendant
Sheridan v. NGK Metals Corp.
609 F.3d 239 (3d Cir. 2010) Cited 749 times 2 Legal Analyses
Holding that courts interpreting state law should generally follow that state's intermediate appellate courts unless strong evidence suggests they should not
Quanta Computer, Inc. v. LG Electronics, Inc.
553 U.S. 617 (2008) Cited 164 times 65 Legal Analyses
Holding that a licensee's sale of component computer parts that substantially embodied method patents held by the patentee was "authorized" by the patentee and exhausted the patentee's patents
Lear, Inc. v. Adkins
395 U.S. 653 (1969) Cited 495 times 38 Legal Analyses
Holding that the licensee is "permitted to avoid the payment of all royalties" if it can prove patent invalidity
Rhone-Poulenc v. American Motorists Ins. Co.
616 A.2d 1192 (Del. 1992) Cited 811 times
Holding term is ambiguous if "reasonably or fairly susceptible of different interpretations"
Multiform Desiccants, Inc. v. Medzam, Ltd.
133 F.3d 1473 (Fed. Cir. 1998) Cited 538 times 1 Legal Analyses
Holding that after all claims and counterclaims were decided or withdrawn, the district court acted properly when it “recognized that it could, in its discretion, decide this affirmative defense, but chose not to do so, citing Fed.R.Civ.P. 8(c)”
Poweroasis v. T-Mobile
522 F.3d 1299 (Fed. Cir. 2008) Cited 348 times 8 Legal Analyses
Holding that the patentee had the burden to come forward with evidence to prove entitlement to an earlier filing date when it was undisputed that a certain reference was invalidating prior art
Microsoft Corp. v. Multi-Tech Systems, Inc.
357 F.3d 1340 (Fed. Cir. 2004) Cited 364 times 7 Legal Analyses
Holding that statements made in prosecution of one patent are relevant to the scope of all sibling patents
Baldwin Graphic v. Siebert
512 F.3d 1338 (Fed. Cir. 2008) Cited 297 times 6 Legal Analyses
Holding that “an indefinite article ‘a’ or ‘an’ in patent parlance carries the meaning of ‘one or more’ in open-ended claims containing the transitional phrase comprising” unless a patentee has “ ‘evidence[d] a clear intent’ to limit ‘a’ or ‘an’ to ‘one’ ”
Rule 36 - Entry of Judgment; Notice
Fed. R. App. P. 36 Cited 21,470 times 1 Legal Analyses
Specifying that clerk enters “judgment” upon receiving court's conceptually distinct “opinion” or instructions
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 10,095 times 17 Legal Analyses
Permitting the use of declarations instead
Section 112 - Specification
35 U.S.C. § 112 Cited 7,288 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
Section 102 - Conditions for patentability; novelty
35 U.S.C. § 102 Cited 5,945 times 960 Legal Analyses
Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"
Section 101 - Inventions patentable
35 U.S.C. § 101 Cited 3,418 times 2200 Legal Analyses
Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."
Rule 32 - Form of Briefs, Appendices, and Other Papers
Fed. R. App. P. 32 Cited 229 times 7 Legal Analyses
Providing that a principle brief may not exceed 30 pages
Section 251 - Merger or consolidation of domestic corporations [For application of this section, see 79 Del. Laws, c. 327,§8 and 80 Del. Laws, c. 265,§17]
Del. Code tit. 8 § 251 Cited 197 times 6 Legal Analyses
Requiring a vote by the majority of the outstanding stock
Section 259 - Status, rights, liabilities, of constituent and surviving or resulting corporations following merger or consolidation
Del. Code tit. 8 § 259 Cited 142 times 7 Legal Analyses
Stating that the "separate existence of all the constituent corporations" will only "cease" once the merger "become effective"
Section 253 - Merger of parent corporation and subsidiary corporation or corporations
Del. Code tit. 8 § 253 Cited 123 times 4 Legal Analyses
Permitting a parent company that owns 90% of a subsidiary corporation's outstanding stock to merge with that subsidiary without the approval of the subsidiary's minority stockholders
Section 203 - Business combinations with interested stockholders
Del. Code tit. 8 § 203 Cited 80 times 3 Legal Analyses
Providing that an interested stockholder includes a stockholder that "[b]eneficially owns such stock, directly or indirectly"

Fischell et al v. Cordis Corporation

93 Cited authorities

Holding that claim construction is a matter of law for the court

Holding that the district court erred when it enjoined a nonparty that was never determined to be in active concert with a defendant

Holding that courts interpreting state law should generally follow that state's intermediate appellate courts unless strong evidence suggests they should not

Holding that a licensee's sale of component computer parts that substantially embodied method patents held by the patentee was "authorized" by the patentee and exhausted the patentee's patents

Holding that the licensee is "permitted to avoid the payment of all royalties" if it can prove patent invalidity

Holding term is ambiguous if "reasonably or fairly susceptible of different interpretations"

Holding that after all claims and counterclaims were decided or withdrawn, the district court acted properly when it “recognized that it could, in its discretion, decide this affirmative defense, but chose not to do so, citing Fed.R.Civ.P. 8(c)”

Holding that the patentee had the burden to come forward with evidence to prove entitlement to an earlier filing date when it was undisputed that a certain reference was invalidating prior art

Holding that statements made in prosecution of one patent are relevant to the scope of all sibling patents

Holding that “an indefinite article ‘a’ or ‘an’ in patent parlance carries the meaning of ‘one or more’ in open-ended claims containing the transitional phrase comprising” unless a patentee has “ ‘evidence[d] a clear intent’ to limit ‘a’ or ‘an’ to ‘one’ ”

Specifying that clerk enters “judgment” upon receiving court's conceptually distinct “opinion” or instructions

Permitting the use of declarations instead

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

Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

Providing that a principle brief may not exceed 30 pages

Requiring a vote by the majority of the outstanding stock

Stating that the "separate existence of all the constituent corporations" will only "cease" once the merger "become effective"

Permitting a parent company that owns 90% of a subsidiary corporation's outstanding stock to merge with that subsidiary without the approval of the subsidiary's minority stockholders

Providing that an interested stockholder includes a stockholder that "[b]eneficially owns such stock, directly or indirectly"