25 Cited authorities

  1. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,714 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. Poulis v. State Farm Fire and Cas. Co.

    747 F.2d 863 (3d Cir. 1984)   Cited 3,323 times   1 Legal Analyses
    Holding that imposing excess costs, including attorneys' fees, caused by unjustified attorney conduct or delay during the pretrial process on the attorney responsible is the "preferable sanction"
  3. Briscoe v. Klaus

    538 F.3d 252 (3d Cir. 2008)   Cited 780 times
    Holding that, under Poulis analysis, claims that survived summary judgment stage of litigation are deemed to have merit
  4. Lightning Lube, Inc. v. Witco Corp.

    4 F.3d 1153 (3d Cir. 1993)   Cited 1,163 times
    Holding that the owner of a small business may testify as a lay witness regarding the projected future profits of his business
  5. Adams v. Trustees, N.J. Brewery Trust Fund

    29 F.3d 863 (3d Cir. 1994)   Cited 841 times
    Holding that "[e]xtensive or repeated delay or delinquency constitutes a history of dilatoriness"
  6. Mindek v. Rigatti

    964 F.2d 1369 (3d Cir. 1992)   Cited 828 times
    Finding it is not necessary that all of the factors point toward a default before that sanction will be upheld
  7. Hoxworth v. Blinder, Robinson Co., Inc.

    980 F.2d 912 (3d Cir. 1992)   Cited 711 times   1 Legal Analyses
    Holding plaintiffs entitled to presumption of reliance because of defendants' nondisclosure of pricing policy
  8. Lyell Theatre Corp. v. Loews Corp.

    682 F.2d 37 (2d Cir. 1982)   Cited 805 times
    Holding that a district court's authority to dismiss an action for failure to prosecute "cannot seriously be doubted"
  9. Honeywell International, Inc. v. ITT Industries, Inc.

    452 F.3d 1312 (Fed. Cir. 2006)   Cited 265 times   2 Legal Analyses
    Holding that the claims were limited to fuel filters, despite the fact that the claims contained no fuel filter limitation, because "[o]n at least four occasions, the written description refers to the fuel filter as 'this invention' or 'the present invention. . . . ' "
  10. Bloom Engineering Co. v. North American Manufacturing Co.

    129 F.3d 1247 (Fed. Cir. 1997)   Cited 83 times
    Holding that " ‘[i]dentical’ does not mean verbatim, but means at most without substantive change," and thus, "whether amendments made to overcome rejections based on prior art are substantive depends on the nature and scope of the amendments"
  11. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 108,355 times   195 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"
  12. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,077 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system
  13. Section 2510 - Definitions

    18 U.S.C. § 2510   Cited 4,254 times   79 Legal Analyses
    Defining "[i]nvestigative or law enforcement officer" as an officer "empowered by law to conduct investigations of or to make arrests for [certain] offenses . . . and any attorney authorized by law to prosecute or participate in the prosecution of such offenses"
  14. Section 252 - Effect of reissue

    35 U.S.C. § 252   Cited 290 times   22 Legal Analyses
    Stating that a reissued patent shall have the same effect as the original patent “in so far as the claims of the original and reissued patents are substantially identical ”
  15. Section 307 - Certificate of patentability, unpatentability, and claim cancellation

    35 U.S.C. § 307   Cited 116 times   10 Legal Analyses
    Stating that “a reexamination proceeding will have the same effect as that specified in section 252 for reissued patents”